All of the requirements of La. R.S. 47:2302 and La. R.S. 47:2303 must be met in order for land to qualify for use value assessment for ad valorem tax purposes. Also, proximity to commercial and residential properties is largely irrelevant when determining whether land that has not been recently sold qualifies for use valuation.

La. R.S. 14:63.3 prohibits pedestrians from remaining on public property at a time when the public property is not open to pedestrian use, and where the pedestrian has been requested to leave by a law enforcement officer but has refused to leave. This provision would apply to allow law enforcement officers to re-open a public roadway, which was previously closed to traffic and open only to public pedestrian use during an authorized festival. La. R.S. 14:100.1 may also serve as a basis to clear roadways and sidewalks of festivalgoers to remove obstacles to their normal use.

The determination of the fair market value of property
located within an economic development district is a fact determination that
must be made by the assessor, which may or may not include the existence of the
economic development district as a valuation factor. However, the assessor must
follow the statutes relating to the assessment of property as well as the rules
and regulations of the Louisiana Tax Commission when assessing the fair market
value of property

Police Jury may continue to expend public funds to maintain a
bridge only if, in the opinion of the Police Jury, such work will further
the interests of the parish or parish road system. Police Jury may
formally abandon a bridge that has been tacitly dedicated by a formal act
of revocation or clear and established proof of intent by the Police
Jury to abandon

A commercial contractor, residential contractor, or homeowner may
establish agreements with certified third-party providers to conduct plans
reviews, inspections, and enforce the state uniform construction code, provided such
contractor or homeowner was exempt from the contractor licensing law pursuant to
La.Rev.Stat. 37:2170.

Certain limited activities within an
existing nonconforming use of a cemetery, while technically a violation of the
dedication provisions of Title 8, are, under the facts provided, only subject
to the Louisiana Unmarked Human Burial Sites Preservation Act.

The New Orleans City Council may consider two names submitted forfilling a vacancy on the Civil Service Commission by the president ofLoyola University, despite the fact that the law requires three namesbe submitted. Further, if the third name is submitted beyond thedeadline established by La.Const. art. X, § 4, yet prior to the Councilmaking a decision, the Council may consider the third nominee.Finally, since the Council has three names submitted by the presidentof Loyola University in its possession prior to its deadline for namingan individual to fill the vacancy, even if one name was submitted late,it is the opinion of this office that the Council may not select someonenot on the list

La.
C.Cr.P. art. 320 prohibits the District Clerk of Court and the Deputy Clerk, as
ministerial officers of the court, from using separate or community property to
become a surety or provide money or property for bond statewide for themselves,
spouses, family members, or friends. La. C.Cr.P. art. 320 does not prohibit the
spouses of a District Court of Clerk and a Deputy Clerk of Court from using
community property for bail

The Office of Coastal Management may use servitudes or cooperative endeavor and interagency agreements to provide long-term protection to private or public property for wetlands created through projects constructed under the office's In-Lieu Fee Instrument program.

The Washington Parish Reservoir District may be consolidated and merged into the Washington Parish Government pursuant to La. Const. art. VI 16. Any act of the Washington Parish Planning Commission or the Council with regard to the Washington Parish Reservoir District, if consolidated and merged into the Washington Parish Government, may not be inconsistent with La. R.S. 38:3087.191 et seq.

The Washington Parish
Reservoir District may be consolidated and merged into the Washington Parish
government pursuant to La. Const. art. VI, §16. Any act of the Washington
Parish Planning Commission or the Council with regard to the Washington Parish
Reservoir District, if consolidated and merged into the Washington Parish
government, may not be inconsistent with La. R.S. 38:3087.191 et seq.

A public body must be cognizant of the Establishment Clause of the
Constitution if itchooses to address religious matter during a meeting.
Further, a board is only required to include information in its written minutes as set out in La.
R.S. 42:20(A).

La. R.S. 8:655; 9:1551; 37:876 La. Atty. Gen. Op. No. 13-0002 La. Atty. Gen. Op. No. 13-0002 is
and remains correct. Funeral homes do not have the authority under
the present law to direct the disposition of human remains in the manner of
coroners and the law does not authorize the return of such
remains to coroners’ offices when those with the authority to direct
disposition refuse to cooperate.

Coroners or their designees are
mandated to undertake examinations of "all alleged victims of rape,
carnal knowledge, sexual battery, incest, and crime against nature when such cases
are under police investigation.” The parish governing authority is
required to reimburse the coroner in full for the costs of such
examinations. The coroner’s mandate does not restrict other health care
providers from also conducting such examinations or collecting
relevant evidence.

The costs of transporting human
remains for an autopsy are necessary and unavoidable expenses of a
coroner’s office that must be paid by the appropriate political subdivision.
These costs are not taxable against the families and the political
subdivision is responsible for them whether the cause of death is natural or
unnatural.

Commitment fees for Coroner's Emergency Certificates and Physician's Emergency Certificates issued pursuant to La. R.S. 28:53 are to be paid by the parish of the committed individual's domicile or residency. Commitment fees for judicial commitments are to be borne first by the family of the committed individual and secondly by the domiciliary parish (residents) or the Department of Health & Hospitals (non-residents).

Coroners or their designees are
mandated to undertake examinations of "all alleged victims of rape, carnal
knowledge, sexual battery, incest, and crime against nature when such cases are
under police investigation.

When a deceased resides within the geographic limits of an incorporated municipality, the municipality must bear the costs of laboratory fees associated with that person's autopsy. However, when an individual resides outside of the geographic limits of an incorporated municipality, the parish must bear the costs of laboratory fees associated with that person's autopsy. In contrast, the parish alone is responsible for the fees associated with a coroner's commitment.

The St. Charles Parish President is required to enforce Ordinance No. 12-11-1 which provides funding for health insurance and retirement benefits for the Coroner's Office. Pursuant to, La. R.S. 11:1921 it is mandatory that St. Charles Parish allow employees of the Coroner's Office the option to participate in PERS.

Pursuant to R.S. 13:5705, coroners are authorized to appoint one or more deputy or assistant deputy coroners and necessary ancillary personnel for their office. If the parish coroner is a salaried position, then the coroner or the parish governing authority may pay the deputy or assistant deputy coroners; however, the parish governing authority shall compensate all other ancillary employees of the coroner’s office pursuant to an established arrangement entered into between the coroner and the parish governing authority that is approved within the parish’s fiscal budget. Once approved, the Parish President may not independently refuse to compensate these employees when funding is available, unless the parish charter provides otherwise.

East Side Water System, Inc., a non-profit corporation, is not subject to Louisiana's Open Meetings Law or Public Records Law. However, members of East Side Water System, Inc. have the right to be given notice of meetings and attend such meetings, as set forth by La. R.S. 12:229, the Articles of Incorporation and By-laws and have the right to review records of the corporation, as authorized by La. R.S. 12:223.

The judge of the City
Court of Bastrop determines when employees of the Clerk of Court must report to
work, and the City Court Marshal determines when his personnel report to work,
subject to the order of the City Court. The judge and/or clerk of court may close
their offices due to inclement weather in emergency situations pursuant to La.
R.S. 1:55. The City of Bastrop may not infringe on the funding of the City
Court Clerk of Court or the Marshal’s office, regardless of holidays taken by
the court.

The use of electronic means of transmitting authorized drug testing results does not violate HIPAA, or any current State or Federal laws, provided that the confidentiality of those results remain protected. Any disclosure of these results would be subject to any privacy laws and concerns set forth under both Louisiana and Federal law.

As a result of Hurricane Katrina, St. Bernard Parish lost all localcopies of the official publications and legal notices from the officialjournal. Consistent with La. R.S. 16:16(B), funds collected pursuantto La. R.S. 16:16(A) may be used by the district attorney at hisdiscretion to defray expenses of his office. It is permissible for theDistrict Attorney for the Parish of St. Bernard to expend funds toobtain past issues of the St. Bernard Voice, the official journal of St.Bernard Parish

Drainage
ditch debris and dirt is a public thing that has value. Under La. Const. art.
VII, Sec. 14(A),
such material cannot be disposed of by a public entity without receiving fair
market value
compensation in return. However, if the disposing public entity determines that
the fair market
value is outweighed by the costs of disposal, then the material may be given in exchange
for the associated cost savings. To the extent that this analysis conflicts
with the appraisals
required by La. Atty. Gen. Op. No. 10-0276, that portion of that opinion is
hereby recalled
as erroneous regarding the applicability of La. R.S. 33:4712(F) to fact
patterns such as
the one presented here.

The Louisiana Civil
Code provides the laws applicable to natural servitudes of drain, anthropogenic
works that affect neighboring properties, and the relationships between
neighbors. Louisiana courts have analyzed these articles and found alternately
in favor of parties based on factual distinctions.

The Louisiana Civil
Code provides the laws applicable to natural servitudes of drain, anthropogenic
works that affect neighboring properties, and the relationships between
neighbors. Louisiana courts have analyzed these articles and found alternately
in favor of parties based on factual distinctions

The Ward One South
Gravity Drainage District #1 has the authority to financially assist private
landowners who undertake erosion control and/or repair projects on private
property only if it determines that the work will benefit the public and that
the public benefit is equivalent to or greater than the expenditure of public
funds. Cooperative endeavor agreements with the private landowners are an
option for structuring the project and corresponding financial assistance.

The Village of Moreauville has the authority to undertake
improvements to a drainage ditch on private property if it determines that the
work will benefit the Village and that the benefit received by the
Village is at least equivalent to the expenditure of public funds.

Pursuant to La. R.S. 38:1607(C)(1), the St. Charles Parish
designated the Council as the governing authority of the Sunset Drainage
District. Under this appointment, the Council acquired all the functions and responsibilities previously
performed by the Board of Commissioners of the Sunset Drainage District.

The Caldwell Parish Police Jury may enter onto private property for the purposes of maintaining, opening, and performing all work to improve the efficiency of natural drainage subject to the constitutional restraints of due process and compensation.

The City may enter into a cooperative endeavor with private individuals to place culverts in any ditch within its jurisdiction, provided that the expenditure is for a public purpose and that the City is reimbursed for the actual costs associated with the placement of the culverts.

The chief deputy registrar of voters of Cameron Parish is prohibited from serving as secretary-treasurer of the Recreation District No. 9 of the parish of Cameron, secretary-treasurer of the Gravity Drainage District No. 5 of the Parish of Cameron and president of the Waterworks District No. 9 of the parish of Cameron pursuant to the provisions of La. R.S. 18:63.

The
provisions of the Dual Officeholding and Dual Employment Law do not prohibit a
member of the St. Landry Parish Council from serving as a
Commissioner-in-Charge or a Commissioner for the St. Landry Parish Board of
Election Supervisors.

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Board of Aldermen for the Town of Ferriday from serving as a commissioner for the Consolidated Recreational District No. 1 of the Parish of Concordia.

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a Commissioner of the St. Bernard Parish Planning Commission from holding part time employment with the St. Bernard Department of Recreation, Culture and Tourism.

The provisions of the Dual Officeholding and Dual Employment Law prohibit do not a member of the Iota Long Point Gravity Drainage District from holding the full time position of Deputy Sheriff for the Acadia Parish Sheriff. The provisions of the Dual Officeholding and Dual Employment Law prohibit a member of the Acadia Parish School from holding the full time position of Deputy Sheriff for the Acadia Parish Sheriff (Carbonette).

The provisions of the Dual Officeholding and Dual Employment
Law do not prohibit the Fire Chief for the Terrebonne Parish Fire Protection
District #10 from holding the part time position of Deputy Sheriff for
Terrebonne Parish.

The provisions of the Dual Officeholding and Dual Employment
Law do not prohibit a State Senator from holding the part time appointive
office of Director for the Parks and Recreation Department for the Lafayette
Parish City Parish Consolidated Government.

The provisions of the Dual Officeholding and Dual Employment
Law do not prohibit the Fire Chief for the Lockport Volunteer Fire Company from
holding the office of Council Member for the Lafourche Parish Council.

The provisions of the
Dual Officeholding and Dual Employment Law do not prohibit a volunteer fireman
for the Garyville Fire Department from holding employment with AM-PM Services
Inc. and also serving as the Vice President for the Garyville Fire Department.

The provisions of the Dual Officeholding and Dual
Employment Law do not prohibit the Fire Chief for the Palmetto Volunteer Fire
Company from holding the part time positions of police deputy and certified gas
and water operator for the Village of Palmetto.

Ferguson Road, situated partly in Concordia Parish, is
a public road and is owned by the Concordia Parish Police Jury. As such, the
Concordia Parish Police Jury can only abandon this road if it proves that it no
longer serves a public purpose. Such abandonment does not authorize the
transfer of the road to a private party.

The provisions of the
Dual Officeholding and Dual Employment Law prohibit the full time Executive
Director of the Sabine Parish Tourist and Recreation Commission from also
serving as Police Juror for the Sabine Parish Police Jury. However, the
provisions of the Dual Officeholding and Dual Employment Law do not prohibit a
part time Executive Director of the Sabine Parish Tourist and Recreation
Commission from also serving as Police Juror for the Sabine Parish Police Jury
or serving as a member of the Sabine Parish Long Range Planning Advisory
Committee.

The provisions of the Dual Officeholding and Dual Employment
Law do not prohibit a part-time school bus driver from simultaneously holding
the elective office as a justice of the peace. However, because an elected
justice of the peace is governed by the Code of Judicial Conduct, the Judiciary
Commission should be consulted for resolution of the issue.

The provisions of the Dual Officeholding and Dual Employment
Law do not prohibit a full time employee for the Lafourche Parish Department of
Public Works from holding part time employment with the Fifth Ward Gravity
District.

The provisions of the Dual Officeholding and Dual Employment
Law prohibit a member of the Wildlife and Fisheries Commission from holding an
appointment to the Gulf of Mexico Marine Fishery Management Council. However, a
member of the Wildlife and Fisheries Commission is not prohibited from holding
an appointment to the Gulf States Marine Fisheries Commission and a member of
the Gulf States Marine Fisheries Commission is not prohibited from an
appointment with the Gulf of Mexico Marine Fishery Management Council.

The provisions of the Dual Officeholding and Dual Employment
Law do not prohibit the manager of the Maintenance Department for the Town of
Franklinton from running for councilman for the Washington Parish
Council.

The provisions of the Dual Office holding and Dual Employment Law
do not prohibit the Chief of Police for the Village of Georgetown from serving as a deputy sheriff or
holding full time employment with a separate political subdivision

The provisions of the
Dual Officeholding and Dual Employment Law do not prohibit a member of the
Evangeline Parish Police Jury from applying for the position of Executive
Director for Evangeline Parish Solid Waste Disposal District.

The provisions of the Dual Officeholding and Dual
Employment Law do not prohibit an elected member of the Board of Alderman for
the City of Rayne from holding the part time appointive office of Commissioner
for the Housing Authority of the City of Rayne

The provisions of the Dual
Officeholding and Dual Employment Law prohibit the governing authority of the
Village of Atlanta from appointing the Mayor or a member of the Board of
Aldermen to the Winn Parish Fire District No. 3 Board of Commissioners.

Employees of a private non-profit 501(c)3 volunteer fire department that contracts with a political subdivision are not considered public employees for the purpose of the Dual Officeholding and Dual Employment Laws. To the extent necessary La. Atty. Gen. Op. No. 13-0021, 09-0053 and 09-0113 are recalled.9 local government opinions

The Dual Officeholding and Dual Employment Law provisions prohibit a commissioner on the Recreation District Number 5 of Livingston Parish from simultaneously serving as an alderman of the Town of Livingston

The state dual officeholding laws do not prohibit an individual from serving as a local elected official while working full time for the Parish Head Start program. However, since the Head Start program is federally funded and these employees are likely subject to the provisions of the Hatch Act, 5 U.S.C. § 1501, et seq., the United States Office of Special Counsel should be consulted for an advisory opinion regarding the application of the Hatch Act to these employees, 5 U.S.C. § 1051, et. seq.

The provisions of the Dual Officeholding and Dual Employment Law prohibit a full time deputy assessor from simultaneously holding the elective office of councilman. If elected, the deputy assessor must resign before being sworn in as councilman to avoid violating the Dual Officeholding Law.

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit the interim Chief of Police for Mangham from running for the Mangham City Council. However, if elected, the interim Chief of Police must resign before being sworn in as a councilmember to avoid violating La. R.S. 42:61 of the Dual Officeholding Law.

prohibits a full-time deputy marshal from simultaneously holding the local elective office of constable. The prohibition of La. R.S. 42:63(D) is inapplicable if the appointed position of deputy marshal is held on a part-time basis.

The Louisiana Dual Officeholding and Dual Employment
Law, La. R.S. 42:61, et seq., does not prohibit a deputy clerk of court of the
Pineville City Court from simultaneously holding the part-time employment
office of misdemeanor probation officer

The Dual Officeholding and Dual
Employment Law does not, in general, prohibit a person from holding full-time
local employment for the Lafourche Parish Government while simultaneously
holding part-time local employment within the same entity. While La. Const.
Art. VII, § 14(A) prevents the Parish from compensating an employee for
performing two different jobs at the same time, the Parish may provide extra pay for an employee performing additional or
special duties

The provisions of the Dual Officeholding and Dual Employment Law
do not prohibit a full-time police officer with the Village of Choudrant
from holding elective office as Constable of Ward 5 in Lincoln Parish.

An elected chief of police of the
Town of Cottonport is not prohibited by the dual
officeholding and dual employment law from simultaneously holding a part-time
position in the government of this state, pursuant to the
exception of La. R.S. 42:66(N) that applies to a municipality with a
population of 6,500 or less according to the 1990 federal
decennial census.

La. Const. art. V, § 28 La. R.S.
13:910 La. R.S. 14:138 La.
R.S. 42:61, et seq. The provisions of the Dual
Officeholding and Dual Employment Law do not prohibit a full time
employee of the District Attorney’s Office from being deputized as a part time
deputy Clerk of Court for the limited purpose of executing
subpoenas in two different parishes.

The
provisions of the Dual Officeholding and Dual Employment Law do not
prohibit a member of the Board of Trustees of the Teacher’s Retirement System of
Louisiana from also serving on the Louisiana Community and Technical
College SystemBoard. La. Atty. Gen. Op. No. 02-0331 is recalled.

The
provisions of the Dual Officeholding and Dual Employment Law do not
prohibit a part-time police officer from simultaneously serving as a
part-time reserve sheriff’s deputy while also holding elective office as a
constable of a justice of the peace court.

The
provisions of the Dual Officeholding and Dual Employment Law do not prohibit
the Bogalusa City Marshal, whether appointed or elected, from simultaneously
serving as a part-time probation officer for the Bogalusa City Court.

The provisions of the Dual Officeholding and Dual Employment Law
do not prohibit a full-time employee of the Assessor’s Office from holding elective
office simultaneously. Yet, the provisions do prohibit such an employee from holding a
state level elective office.

The provisions of the Dual Officeholding and Dual Employment Law
do not prohibit a full-time employee of the Acadia Parish Police Jury from
holding elective office in Village of Estherwood and part-time employment with
the Acadia Fire Protection District #5.

The Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., does not prohibit the Mayor of the Town of White Castle from simultaneously holding a part-time or full-time position of employment as a school teacher with a local school board.

An elected member of the Board of Aldermen for the Town of Welsh may serve as a reserve police officer for the Welsh police department without violating the dual officeholding statutes as he receives no compensation in the latter position.

The Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., does not prohibit the Chief of Police of the Town of Coushatta, a full-time appointive position, from simultaneously being employed as a full-time school teacher with the Red River Parish School Board.

The provisions of the Dual Officeholding and Dual Employment Law donot prohibit an elected Jackson Parish School Board member fromsimultaneously holding a part-time appointive position on the JacksonParish Watershed District the Board of Commissioners.

It is this Office's opinion that it is permissible for an attorney, who currently serves in an appointive position as the head of Code Enforcement for the City of Kenner, to contemporaneously serve on a volunteer basis as an uncompensated hearing officer for the Kenner Housing Authority to rule on grievances brought by tenants of both Kenner Public Housing and the Section 8 program, as long the latter position is not a full-time appointive position.

The Dual Officeholding and Dual Employment Laws, La. R.S. 42:61, et seq., do not prohibit a Fire Captain with the City of Crowley Fire Department who works full time in that position, from serving part time on a Fire Protection District Board covering another area of Acadia Parish.

The Dual Officeholding and Dual Employment Laws, La. R.S. 42:61, et seq., do not prohibit an elected member of the Monroe City Council from holding a part time appointive position on the G. B. Cooley Hospital Service District Board.

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full time local employee, who is also a local elected official that sits on a local appointive board from working part time for the local school board.

An elected alderman of the City of Bunkie is not prohibited by the dual officeholding and dual employment law from simultaneously holding a full-time position in the government of this state, pursuant to the exception of La. R.S. 42:66(N)that applies to a municipality with a population of 6,500 or less according to the 1990 federal decennial census.

A deputy sheriff working full time for the St. Tammany Parish Sheriff's Office is not prohibited by the dual officeholding and dual employment law from simultaneously holding the elective office of alderman for the Town of Abita Springs, pursuant to the exception of La. R.S. 42:66(L)(1) that applies to a municipality with a population of 2,500 or less according to the latest federal decennial census.

The
dual officeholding law does not prohibit a member of the State Legislature from
entering into a contract with a local governing body for the purposes of
providing professional legal services in the area of worker’s compensation
law.

One may hold both the elected position of constable and the appointive position of full-time deputy sheriff only if both positions were held prior to January 1, 1997 and the jurisdictional population requirements of La. R.S. 42:66(L)(2)(a) are met. However, there are no restrictions on holding both the elected position of constable and the appointive position of part-time deputy sheriff at the same time.

La. R.S. 42:62, 63, and 66 The dual officeholding law does not prohibit a deputy sheriff working full-time for the East Feliciana Parish Sheriff's Office from simultaneously holding the elective office of alderman for the Town of Clinton, a municipality with a population of 2,500 or less according to the latest federal decennial census.

The Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., does not prohibit one from accepting a part-time local position on the Ascension Parish Industrial Development Board while simultaneously holding a full-time appointive office with the Ascension Parish Sheriff’s Office.

An elected school board member may hold full-time employment with the parish police jury as the positions are held in separate political subdivisions. An elected school board member may not legally hold any office or employment with the clerk of court or assessor’s office.

Because one position would be held on a part-time basis, La. R.S. 42:63(E) of the state dual officeholding and dual employment law does not prohibit one from holding either fulltime employment or full-time appointive office as deputy assessor with the assessors' office while at the same time serving as a part-time appointed member of one of the local governing boards referenced.

The Louisiana Dual Officeholding and Dual Employment Law does not prohibit an individual from serving in a part-time appointed capacity as Chief Death Investigator for the West Feliciana Parish Coroner's office, while also holding the elective office of justice of the peace; however, because an elected justice of the peace is governed by the Code of Judicial Conduct, the Judiciary Commission should be consulted for resolution of the issue.

State law governing dual officeholding and dual employment does not prohibit one from serving as a member of the City of Ponchatoula Council while at the same time holding a full-time and non-deputized position of employment with the Tangipahoa Parish Sheriff's office.

et seq., does not prohibit one from holding full-time employment with Evangeline Parish as Public Works Director while at the same time holding the part-time appointive office of member of the Te Mamou Water District Board.

An employee of a school board is not, in general, prohibited from holding at the same time local elective office in a political subdivision other than the school board, with the caveat that no sheriff, assessor, or clerk of court shall hold any office or employment under a school board. An employee of a school board is generally prohibited from holding at the same time state elective office, with the notable exception in the law that permits one to hold state elective office and employment with a school board if the person is employed there in a professional educational capacity.

The provisions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., are applicable to the holding of two or more public offices and/or employments, but are inapplicable where one of the two positions is held on a contract basis. Thus, the dual officeholding statutes would not prohibit an elected councilman of the City of Crowley from at the same time serving as the Acadia Parish attorney on a contract basis.

Alderman for the Town of Independence may at the same time hold full-time employment with the City of Amite while at the same time serving as part-time deputy sheriff for the Tangipahoa Parish Sheriff's Office without violating the prohibitions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq.

The provisions of the Louisiana Dual Officeholding and Dual Equipment Law, La. R.S. 42:61, et seq., are applicable to the holding of two or more pubic offices and/or employments, but are inapplicable where one of the two positions is held on a contract basis. Thus, the dual officeholding statutes would not prohibit an elected councilman of the City of Crowley from at the same time serving as the Acadia Parish attorney on a contract basis.

Alderman for the Town of Independence may at the same time hold full-time employment with the City of Amite while at the same time serving as part-time deputy sheriff for the Tangipahoa Parish Sheriff's Office without violating the prohibitions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et. seq.

The provisions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., do not prohibit one from holding the part-time appointive office of member of the board of commissioners governing the St. Tammany Parish Hospital Service District No. 1 from at the same time holding the elective office of mayor of the Town of Abita Springs.

A deputy sheriff working full-time for the East Carroll Parish Sheriff's Office is prohibited by state law governing dual officeholding from also holding at the same time the elective office of alderman for the Town of Lake Providence.

The provisions of the Louisiana Dual Officeholding and Dual Employment Law, La. R. S. 42:61, et seq., do not prohibit one from holding the part-time appointive office of member of the board of commissioners governing the St. Tammany Parish Hospital Service District No. 1 from at the same time holding the elective office of mayor of the Town of Abita Springs.

A deputy sheriff working full-time for the East Carroll Parish Sheriff's Office is prohibited by state law governing dual officeholding from also holding at the same time the elective office of alderman for the Town of Lake Providence.

Child care facilities including quasi-governmental facilities, that meet the definition of a day care are subject to licensure requirement, regardless of whether they are operated by governmental, non-profit or for profit agencies.

The express prohibition in Section
2-06 of the St. Bernard Parish Home Rule Charter is against holding, not
running, for another elected public office while serving as a council
member. Section2-06 specifically prohibits a sitting council member from
holding another elected public office of the parish government or
any state political subdivision, unless one year has passed
after separation from the council.

Board of Supervisors, State
Boards; Establishment of election
precincts & polling places La. R.S. 18:1462 La. R.S. 18:533 Louisiana Revised Statute 18:1462
(A) is applicable to a residential dwelling located inside a building
that is being used as a polling place.

35 ELECTIONS – Calling or ordering
notice & holding; Municipal general elections – time
& place of holding. La. R.S. 33:1(A) The Petition for Incorporation of
Satsuma is in compliance with the requirements set forth in
R.S. 33:1(A), et seq., and can be submitted to the voters on
the next available election date.

Pursuant to La. R. S. 18:1400.1(C), the Union Parish Police Jury is the appropriate governing authority to call a special election and pay for the costs associated with the special election to fill the vacancy for Sheriff when the election does not include any other election issue on the ballot.

A special service district can continue to levy taxes in the annexed area for the retirement of any outstanding tax-secured bonds of the district and may continue to levy such maintenance tax as has been authorized for the full period of such authorization.Jefferson Parish Councilrecently passed an ordinance which classifies the debt as continuing and the maintenance as ongoing. Residents of Timberlane Subdivision may vote for the renewal of the water and sewer millages.

The Secretary of State shall not certify any candidate for a postponed election until the general election has been held, if the Secretary of State cannot immediately determine which office and term of office to which a newly elected official has been elected.

The Petition to Recall Judy Tillman, Mayor, Village of Heflin, Parish of Webster, meets the legal requirements for the governor to issue a proclamation ordering an election to be held for the purposes of voting on the question of the recall. (Bryan)

Act 213 of the 2012 Regular Louisiana Legislative Session repealed the provision of La. R.S. 18:1311 which required a registrar to compile a list of individuals who have applied to vote absentee by mail immediately upon receipt of such application. If a registrar of voters has not created a list of individuals who have applied to vote absentee by mail, the Public Records Act does not require the registrar to create such a list. However, a requestor can still inspect the applications of individuals who have applied to vote absentee by mail, subject to the restrictions described by La. R.S. 18:154 and any necessary redactions of private information contained within the applications.

The "Petition to Recall Gary J. Lacombe, City Council Division E, City of Gonzales, Parish of Ascension,” meets the legal requirements for the governor to issue a proclamation ordering an election to be held for the purposes of voting on the question of the recall.

The "Petition to Recall Mallory Parsons, Sr., Councilman, Town of Coushatta, Parish of Red River,” does not meet the legal requirements for the governor to issue a proclamation ordering an election to be held for the purposes of voting on the question of the recall.

The "Petition to Recall Alvin Jackson, Mayor, Town of Richwood, Parish of Ouachita,” does not meet the legal requirements for the
governor to issue a proclamation ordering an election to be held for the
purposes of voting on the question of the recall

The Petition to Recall Carlette Sanford, Selectman for District 4, Town of Homer, Parish of Claiborne, does not meet the legal requirements for the governor to issue a proclamation ordering an election to be held for the purposes of voting on the question of the recall.

The Petition to Recall Linda Ferrell Mozeke, Selectman for District 1, Town of Homer, Parish of Claiborne, does not meet the legal requirements for the governor to issue a proclamation ordering an election to be held for the purposes of voting on the question of the recall.

The Petition to Recall Patricia K. Jenkins, Selectman for District 5, Town of Homer, Parish of Claiborne, does not meet the legal requirements for the governor to issue a proclamation ordering an election to be held for the purposes of voting on the question of the recall.

The Petition to Recall Michael Marbut, Chief of Police, Village of Robeline, Parish of Natchitoches, does not meet the legal requirements for the governor to issue a proclamation ordering an election to be held for the purposes of voting on the question of the recall.

The
Petition to Recall Stephone Taylor, Mayor, Town of Ringgold, Parish of
Bienville, does not meet the legal requirements for the governor to issue a
proclamation ordering an election to be held for the purposes of voting on the
question of the recall.

The Petition to Recall Judy Tillman, Mayor, Village of Heflin, Parish of Webster, meets the legal requirements for the governor to issue a proclamation ordering an election to be held for the purposes of voting on the question of the recall.

Louisiana Revised Statute 42:1414 requires the removal an employee of "the state, district, parish, ward, or municipality” upon a conviction of a felony during employment. Although La. C.Cr.P. art. 893 allows a judge to set aside a conviction under certain conditions in the future, a final conviction of a felony under La. C.Cr.P. art. 893 during public employment requires termination of employment.

The East Carroll Parish Police Jury may use monies in the
Criminal Court Fund to reimburse the East Carroll Parish Sheriff’s Office for
expenses related to the salary of a new deputy, as long as the Police Jury,
District Attorney and Criminal Court Judges determine that such an expenditure
is a reasonable, necessary, and proper use of the Criminal Court Fund.

Absent a contractual agreement, La. R.S. 15:824(B)(1)(c)
doesnot authorize reimbursement of emergency medical expensesfor
inmates committed to the Department of Public Safety and Corrections at the Medicaid rate.

According to the provisions of La. R.S. 15:824(B)(1)(c), the
Department shall not beliable for an amount greater than the lesser of
the actual amount billed by the healthcare provider, one hundred ten
percent of the Medicare rate of compensation, or thehealth care
provider's actual costs, unless the parties contracted for reimbursement at
adifferent rate.

Judgments of bond forfeiture that are rendered after June 22, 1993 and result from the posting of a commercial surety bond in a criminal proceeding in the state of Louisiana may not be collected by the clerk of court but instead by prosecuting atty

Absent the
establishment of a mayor’s court, the Village of Creola may not accept payments
for violation of municipal traffic ordinances. Payments received from such
violations must be deposited with the District Court and disposed of pursuant
to La. R.S. 15:571.11(2).

When a person is convicted of a first or second
traffic offense, the fine set forth in La. R.S. 32:295.1(G)(1) is inclusive of
all court costs, including the crime stoppers cost of court provided for in La.
C.Cr.P. art. 895.4(I) and the jury compensation cost of court provided for in
La. R.S. 13:3049(e)(1). If a person is convicted of a third traffic offense, then La. R.S. 32:295.1(G)(1)(c) allows the crime stoppers and jury compensation
costs to be assessed in addition to the $50 fine assessed against the
defendant.

The appointing authorities for the
civil service boards created by the fire protection districts in Grand Caillou
and Little Caillou should continue efforts to identify candidates for vacant
positions on the boards until such positions are filled.

Service charges imposed by fire protection districts under La. R.S. 40:1502.1 are specific taxes and thus are not subject to the provisions of law governing ad valorem taxation, such as La. Const. art. VII, § 21. Therefore, a residential or commercial structure exempt from ad valorem taxation under La. Const. art. VII, § 21 is not exempt from a service charged imposed under La. R.S. 40:1502.1.

La. R.S. 40:1135.1(A)(1) requires the St. Tammany Parish
Fire Protection District # 3 to have two employees aboard an ambulance when
responding to an emergency call; however, only one of the persons must be a
licensed Emergency Medical Technician. (Graham) Op to Mr. Patrick F.
Sicard, Fire Chief, St. Tammany Parish Fire Protection District # 3, Lacombe,
LA Date Released: March 18, 2016

The Town of Olla created the Olla Volunteer Fire Department
for the purpose of providing firefighting services to the citizens of the town.
Neither state law nor local ordinances authorizes the OVFD to charge a fee for
responding to ordinary emergency calls. Thus, if the OVFD received payment for
this concept, the funds must be refunded. (Graham) Op to Mr. Walter E.
Dorroh, Jr., Attorney for the Town of Olla, Jena, LA Date

Pursuant to La. R.S. 33:1969, the Terrebonne Parish Fire
District # 10 is required to pay the same compensation to firefighters who have
the same performance of duty and responsibility. However, part-time work versus
full-time work does not qualify as "equal performance of duty and
responsibility.”

A 501(c)3 Volunteer Fire Department (VFD) is not a public
entity. A VFD performing a governmental function and receiving public funds is
considered a public body subject to the Louisiana Public Records Law (La. R.S.
44:1 et seq.), but only to theextent that its records are connected
to the receipt or expenditure of public funds. Further, a VFD is considered a quasi-public
entity subject to the Audit Law (La. R.S. 24:511 etseq.), if it
meets at least one of the elements enumerated in La. R.S.
24:513(A)(1)(b)(i)-(v). However, a VFD
is not subject to the Public Bid Law (La. R.S. 38:2211 et seq.), Open
Meetings Law (La. R.S. 42:1 et seq.), or the Local Government Budget Act
(La. R.S. 39:1301 et seq.).

Question: Whether the Acadia Parish
Police Jury is obligated to reimburse the City of Crowley and/or City of
Crowley Fire Department for expenses incurred in responding to service calls in
rural areas of the parish.

The City of Crowley may not provide
fire protection services free of charge to the area of Acadia Parish outside of
the City’s corporate area.

Pursuant to La. R.S. 33:386, it is the opinion of this Office that the Mayor of Simsboro, subject to the approval of the Board of Aldermen, may appoint a Commissioner to serve on the Lincoln Parish Fire District No. 1 Board of Commissioners when a vacancy occurs. It is also this Office’s opinion that pursuant to La. R.S. 42:64(A)(1), the Mayor of Simsboro may not simultaneously hold a position as Commissioner on the Lincoln Parish Fire District No. 1 Board of Commissioners.

La. R.S. 14:95.5 provides a general prohibition against possessing a firearm on the premises of any commercial establishment in which alcoholic beverages are sold in individual servings for consumption on the premises, subject to certain exceptions contained in La. R.S. 14:95.5(C), one of which applies to a law enforcement officer acting in the performance of his official duties.

La. R.S. 13:5807 (30)(a)(v) provides that, in the event of a settlement, the Marshal is entitled to receive a six percent Marshal's Commission pursuant to a writ of fieri facias despite the fact that a garnishment judgement was not entered against the Garnishee. (Barient) Op to Ms. Shelly Lavergne, Deputy Marshal, Ward Three Marshal's Office, Lake Charles, LA Date Released: March 16, 2016

A parish governing authority may expend Parish Transportation Fund monies to perform maintenance work on state highway right-of-ways only for the purposes set forth in La. R.S. 48:753(A)(6) that relate to culvert installation, ditch cleaning, and pothole patching, but may not be used to improve and landscape state highway rights-of-way.

Therefore, the St. Charles Parish Council can passordinances to install multi-way stops upon highways within itsjurisdiction without having to adhere to the "guidance” statements asset forth in the MUTCD, including the use of an engineering study orengineering judgment.

Once a Parish maintains a road for more than three years with the knowledge of theprivate owner, that road is considered a public road and becomes a part of the parishroad system. The Parish may not abandon its maintenance of the road except asprovided by law and after a declaration that the road is no longer needed for publicpurposes.

Pursuant to La. R.S. 39:1310, the St. Charles Parish Council
may initiate post-adoption budget amendments without the Parish President
requesting the amendment only when a change in operations upon which the
original adopted budget was developed.

Pursuant to La. R.S.
39:1310, the St. Charles Parish Council may initiate post-adoption budget
amendments without the Parish President requesting the amendment only when a
change in operations upon which the original adopted budget was
developed.

The Shreveport
City Charter authorizes the Mayor, upon recommendation of the City Attorney, to
hire special counsel. In the event of a disagreement between the Council and
the Mayor it is the responsibility of the City Attorney to recommend to the
Mayor the hiring of special counsel if his representation of the Council and
the Mayor would create a conflict.

Zoning regulations governing off-street parking must be adopted in
accordance with La. R.S. 33:4721 et seq. and must be applied uniformly to each
class or kind of land and structure within each district created by the
governing authority.

Pursuant
to the provisions of the St. John the Baptist Parish Charter ("Charter”) and the
Louisiana Local Government Budget Act,
the parish president, as chief executive officer must execute the authorizations
set forth in the budget ordinance.

Signing contracts on behalf of the parish is an executive function;therefore,
the Council may not enter into a contract on behalf of the parish without the
parish president’s signature unless specifically authorized to do so by the
Charter.

The St. John the
Baptist Parish Council may amend a proposed budget prior to its adoption to
include specific line items for salaries of specific positions, and it may set
the format for budgets prepared and proposed by the Parish President. Only the
Parish President or certain administrative officers within the Parish
Administration may expend funds appropriated in an adopted budget; however,
appropriated funds may not be transferred from one line item in an adopted
budget to another item without an amendment adopted by the Parish Council in a
public meeting

The St. John the
Baptist Parish Charter authorizes the Parish Civil Service Board to establish a
pay plan subject to approval by the Civil Service Board, the Parish President,
and Parish Council. An ordinance granting pay increases to all classified
parish employees does not conflict with the Parish Charter but is subject to
annual budget appropriations and compliance with the Local Government Budget
Act. The Parish Council is the governing body authorized to declare holidays
pursuant to La. R.S. 1:55.

The St. John the Baptist Parish Council
is not prohibited from establishing a personnel policy setting or limiting benefits available to temporary employees, as long the policy is not in
conflict with the Parish Charter. As the Charter does not exclude
non-classified positions or temporary employees from personnel rules adopted by
the Council; such employees are subject to personnel rules adopted by the
Council. The Charter does not allow the Parish President to hire permanent employees
outside of the Parish Civil Service System unless specifically authorized by
Article III, Section C (5) of the Charter. If a temporary employee is employed
for twelve consecutive months, the employee may meet the requirements for
enrollment in the State Parochial Retirement

The Parish President, pursuant to his general
executive authority granted by the Parish Charter, may select persons or firms
to provide professional services to the Parish. However, the Parish President
may not sign a contract for professional services without the Council’s
approval if the contract does not fall under a budgeted account. The charter also authorizes the Council to retain a special attorney to represent
the Parish in special matters. Finally, the Parish President is the proper
person to sign a compromise on behalf of the Parish; however, the issue
regarding who may authorize the terms of the compromise depends on the contents
of the agreement. The motion passed by the police jury at their October 21, 2013, meeting to fund a construction project
was not a valid appropriation under the Louisiana Local Government Budget Act,
and therefore the Parish President is not required to fund the project.

The St. John the Baptist Parish ordinance which requires salary
increases for Parish Directors and/or Administrative employees be approved by majority
vote of the Council conflicts with the Parish’s home rule charter and is therefore
invalid and without effect.

The St. John the Baptist Parish President may hire an assistant as an employee of the Parish responsible to him alone outside of the requirements of the Parish Civil Service System when that employee is employed on a temporary basis. Section 2-107 of the St. John the Baptist Code of Ordinances conflicts with the St. John the Baptist Home Rule Charter and should be considered invalid and without legal effect.

The Louisiana Constitution does not forbid the inclusion of the secretarial and clerical staff of the Jefferson Parish President, Parish Council, or Parish Attorney in the Parish Civil Service. However, Section 23-21 of the Code of Ordinances excludes the Parish Attorney and his "legal assistants” from being part of the Jefferson Parish Civil Service. The term "legal assistants” includes the position of legal secretary but does not include the positions of Clerk III, Receptionist, or Typist Clerk I, II, III. The inclusion of any of the positions listed in La.Const. art. X, § 2 in a local civil service system would be inconsistent with the Louisiana Constitution.

The St. Landry Parish President may not delegate the duties of the Chief Administrative Officer as set forth in Section 4-03 of the St. Landry Parish Home Rule Charter unless the position of Chief Administrative Officer is activated by the Council and the appointee approved by the Council in accordance with Section 4-02 of the Parish Charter. The St. Landry Parish Council may compel the Parish President to perform ministerial duties through a writ of mandamus.

In accordance with the Iberia Parish Charter, the District Attorney is the official legal adviser for the Parish, including the President. The Parish may retain special counsel when authorized and approved by the Council. Hiring a private attorney to serve as legal adviser for the President without obtaining prior approval from the Council would constitute a violation of the Charter.

The Parish President has the authority to select and hire consulting engineers and contract for architectural services for the Parish based on the St. Charles Parish Home Rule Charter. This authority is limited in that the funds for the services must be appropriated by the Parish Council.

The Iberia Parish Council cannot usurp the power of the Parish President to make specific salary determinations of executive employees. Further, the Parish President’s authority to create new positions rests on the specifics of the position created. The Parish President does not have the authority to terminate most executive employees without just cause. The Iberia Parish Council’s ability to validly enter into executive session rests on whether it had a valid justification for going into executive session under La. R.S. 42:17(A). The assignment of municipal risk litigation special counsel is a power reserved for the Iberia Parish Council.

The actions of the Mayor and the Council as to appointments on June 26, 2012, wereconsistent with the City of Baker’s Home Rule Charter, which authorizes the Mayor tomake appointments of City Attorney and City Treasurer subject to concurrence of theCouncil and the authority of the Council to make appointments of City Clerk and CityAuditor.

Pursuant to La. R.S. 16:2, a home rule charter parish, which authorizes the retaining or employing in its charter to hire special counsel, may hire special counsel without following the requirements of La. R.S. 42:263. However, any payment must be in compliance with the home rule charter and La. Const. art. VII § 14.

A parish operating under a home rule charter that specifically authorizes it to hire special counsel does not have to follow the requirements of La. R.S. 42:263 when hiring special counsel. Further, such a parish may pay special counsel a monthly fee if it ensures the payment is reasonable and necessary and will not violate La. Const. art. VII § 14.

Plaquemines Parish Government is authorized to approve a revenue line item by parish ordinance thereby amending its budget to appropriate funding to the Misdemeanor Probation Department if the parish government satisfies the requirements of its Charter for Self-Government and complies with the Louisiana Local Government Budget Act. The Louisiana Legislative Auditor would provide the best guidance on how to properly manage any surplus funds. According to the Plaquemines Parish Charter, balances of the Parish's funds with the exception of sinking funds, reserve funds, or other dedicated funds not yet retired, may be transferred by the Parish Council to the general fund of the Parish, unless otherwise prohibited by law.

The Parish President has the legal authority to sign checks on behalf of Livingston Parish. Neither the Finance Director, who has not been confirmed by the Livingston Parish Council, nor the Chairman of the Finance Committee of the Council, has the authority to sign checks on behalf of Livingston Parish.

The validity and sufficiency of a petition for incorporation is
considered after the petitionis submitted to the registrar of voters for
verification. The annexation of a large area located within the proposed area to be incorporated, such as the
Mall of Louisiana, doesnot affect the validity of the petition currently
being circulated to incorporate the City of St. George within East Baton Rouge Parish. Property can be moved
from oneincorporated area to another incorporated area by following the
procedures outlined in La. R.S. 33:171 et seq.

If it is determined that, in previous years, a homestead
exemption was improperly claimed or otherwise erroneously attributed to
property that was not eligible for the homestead exemption, back taxes for up
to three previous years must be collected, in accordance La. R.S. 47:1966.

A surviving spouse
occupying property that was formerly the separate property of the deceased spouse
and holding a usufruct in that property may claim a homestead exemption under
La. Const. art. VII, § 20.

A bona fide homestead under La. Const. art. VII, § 20(A)(1) that has been transferred toa LLC by the immediate prior owner, who is a natural person who retained a usufructover the property after the transfer, and also qualified for the homestead exemptionbefore transferring the property to the LLC, and who also continues to occupy theresidence, is not eligible for the homestead exemption.

If property is part residential and part commercial, the assessor must apply the full amount of the homestead exemption to the value of the portion of the property that qualifies for the homestead exemption. Also, if the property owner meets all of the requirements of La. Const. art. VII, §18(G), the special assessment level would apply to the portion of the property that receives the homestead exemption but not for the portion of the property that is commercial.

The Local Housing Authority Self Insurance Act of
1981, La. R.S. 33:1351 et seq., authorizes only local housing authorities to
become members of and participate in the interlocal risk management agency.
There is no authority for coverages for the risks enumerated in the Act to be
provided to entities that are not member housing authorities.

Local housing authorities may not operate outside of its area of operation, as defined by La.Rev.Stat. 40:396 and La.Rev.Stat. 40:397, without the explicit agreement of the municipality or parish within whose boundaries the local housing authority intends to operate.

each remittance advice generated by a health insurance issuer or its agent to a pharmacy or a pharmacist shall include, among other things, clearly identifying the ten cent per prescription provider fee established. (this seems more along the lines of state law)

Louisiana Citizens Property Insurance Corporation may consider wind and hail portions of multiperil policies offered by qualifying insurers in setting rates for stand alone wind and hail policies pursuant to the market method set forth in La. R.S. 22:2303(A)(1)(b) as long as the rates for such policy portions were charged by qualified insurers for policies that were actually written by said insurers in the subject parish.

Consistent with La. R.S. 22:834, once an ordinance has been adopted for the imposition of taxes authorized by La. R.S. 22:833 and LaMATS enters into a contract with the municipality or parish for collecting such taxes, LaMATS possesses the same authority as any municipality or parish acting alone in collecting the taxes. This authority includes the ability to request access to any information regarding local taxes deemed necessary for the purpose of auditing records to ensure companies are complying with any necessary legal requirements as described by La. R.S. 22:834(B)(1).

The Louisiana Local Government Budget Act, La. R.S. 39:1301, et seq., requires political subdivisions to cause to be prepared a comprehensive budget presenting a complete financial plan for the criminal court fund for each fiscal year. Nevertheless, La. R.S. 15:571.11 contains express provisions that require the Ninth and Twenty-Fourth Judicial Districts’ respective criminal court funds to be budgeted by those respective courts and for the Second, Fifth, and Twenty-First Judicial District’s respective funds to be operated as a single account or fund. In those instances, the specific statutory provisions prevail over the Budget Act. In those instances, those specific statutory provisions prevail over the Louisiana Local Government Budget Act.

Considering the plain language of La. R.S. 39:1302(1)(k) and the lack of an express budgetary requirement in La. R.S. 15:571.11, it is the opinion of this office that the Budget Act does not apply to the Twenty-First Judicial District's criminal court fund.

The Cameron Parish Police Jury may not convey jurisdiction
over violations of overgrown grass and obnoxious weeds to justice of the peace
court via parish ordinance. Only the legislature may set forth the jurisdiction
of a justice of the peace court

The Cameron Parish
Police Jury may not convey jurisdiction over violations of overgrown grass and
obnoxious weeds to justice of the peace court via parish ordinance. Only the
legislature may set forth the jurisdiction of a justice of the peace
court.

Collectors, rights, powers & duties, in general. A constable of a justice of the peace court does not have the authority to use a locksmith to obtain entry into a locked building when executing a writ issued by a justice of the peace court.

Pursuant to La. R.S. 42:394, the City of Sulphur as a public employer is required to grant fifteen days of paid military leave to a City employee who voluntarily enlisted for a minimum of three years in the National Guard.

Authority and Jurisdiction The city of Hammond may not discipline a police officer for his refusal to answer questions during a civil administrative investigation which failed to comply with the minimum standards mandated by La. R.S. 40:2531 (B), otherwise known as the police officer's bill of rights.

A legal client can be considered a "consumer” under the provisions of the Louisiana Unfair Trade Practices and Consumer Protection Act. The validity of such actions, however, are determined by the court on a case-by-case basis. As such, the applicability of the Act to attorney-client fee disputes will vary with each set of facts.

The Louisiana Board of Ethics has authority to approve and perfect a binding consent opinion with a person who has allegedly violated laws under the jurisdiction of the Board of Ethics, and has the authority to sign that consent opinion without the concurrence of the Ethics Adjudicatory Board.

A servitude agreement that allows for the construction of a levee roadway from privately-owned land to a privately-owned island is subject to the approval of the Reservoir District and if approved, subject to the District's statutory authority to prescribe the manner in which such a roadway may be built as well as other applicable Reservoir Rules and Regulations.

Act No. 220 of the 2007 Legislative Session specifically addresses the closure of the Huey P. Long Medical Center ("Huey P. Long”) as well as the reduction of its funding and personnel in a fiscal emergency or budget deficit. The Act does not specifically prohibit another entity from directly managing the Center nor does it explicitly prevent the privatization of Huey P. Long.

The Chenier Plain Coastal Restoration and Protection
Authority is not an instrumentality of the state and its executive director is
not eligible to participate in the state civil service system. Whether the
executive director is an employee or an independent contractor depends on the
substance of the contractual relationship.

Because La. R.S. 38:291(V) is a more specific statute than
La. R.S. 42:2, La. R.S. 38:291(V) governs the present situation.
Therefore, no commissioner whose term is expired shall be allowed to
continue to serve or to vote. La. R.S. 24:14(K) is clear in requiring
reappointments to again be subject to Senate confirmation. (Wale)
Op to Ms. Karlin Riles, Assistant District Attorney, St. Tammany Parish,
Levee, Drainage, and Conservation District, Covington, LA Date Released:
March 18, 2016

La. R.S. 38:330.1 creates specific predetermined
terms of commissioners for the SLFPA-E and SLFPA-W Boards. Once a vacancy
occurs, the notice provisions are triggered, and within ninety days, nominees
should be submitted by the Nominating Committee to the governor. If an
appointment occurs within the same year of the vacancy, the term of the
commissioner is for four years, less the amount of time in which the notice was
advertised and the appointment occurred. If an appointment is not made in the
same year the vacancy occurred, then such appointment should be treated like an
appointment to fill an unexpired term, and the term of office will be four
years, less the amount of time in which it took the vacancy to be noticed and
the appointment process to occur, even if the gap in the term created by the
delay to appoint is significantly longer than ninety days.

The Rapides parish Library has likely created a public
forum by allowing groups to rent out meeting rooms. The Library Board may
reasonably restrict use of the meeting rooms, subject to state and federal law.
The Library Board may charge a reasonable fee for groups wishing to use the
library meeting rooms for political purposes.

La. R.S. 25:215(B)(1)-(17) permits the library board of control in seventeen parishes to assume the administrative and accounting functions related to parish library expenses. Because the Board of Control of the West Feliciana Parish Library is not included among the seventeen parishes, it must follow the general rule set forth in La. R.S. 25:215(A), which provides that the expenses and costs of maintenance of a public library "shall be paid monthly by the governing authority establishing the library,” i.e., the West Feliciana Parish Police Jury.

The State Board of Examiners of Interior Designers is a nonelectedboard without the authority to levy a tax. Thus, Act 363 of the 2013 Louisiana Legislative Session, which requires that a nonelectedboard or commission with the authority to levy a tax video or audiorecord, film or broadcast live the proceedings of a public meeting,does not apply to the Board. However, while the Board is not mandated to do so, La. R.S. 42:23(A) still permits the Board, if it sochooses, to video or tape record, film or broadcast live theproceedings of its meetings.

La. R.S. 33:213 prohibits a non-lawyer from engaging in the practice of law. According to Rule 5.5(e)(3)(iii) of Louisiana’s Rules of Professional Conduct, appearing on behalf of a client before an arbitrator, operating in an adjudicative capacity, would be considered the practice of law. The parties in an employment contract and the American Arbitration Association do not have authority to override state statutes regarding the unauthorized practice of law.

The law does not require licensed scrap dealers to retain a motor vehicle for any particular time after purchasing said motor vehicle. Nor does the law require licensed scrap dealers to keep newly-acquired vehicles in an "as purchased” condition for any particular period of time. A motor vehicle can be an auto hulk if it is or has been a motor vehicle, it is not self-propelled nor capable of carrying persons or property upon a public highway, and it is in such condition that its highest primary value is its sale or transfer as parts or scrap metal. A licensed scrap dealer can acquire a motor vehicle from a seller without title to the vehicle only if (1) the seller is another licensed dismantler, parts recycler or motor vehicle crusher, (2) the seller delivers a permit to sell in lieu of a title, or (3) the seller delivers a permit to dismantle in lieu of a title.

The Town of Blanchard became "dry” by local option election
held on January 17, 1981 and the Town’s "dry” status remains unaltered by the
subsequent creation of Election District 1 and the effect of the application of
La. R.S. 26:583 rendering the unincorporated areas of Ward 3 "wet.” The Town of
Blanchard will remain "dry” until such time as a local option election is held in
accordance with the Local Option law resulting in a "wet” vote and
corresponding ordinance.

A Mayor-Board of Aldermen form of government operates though a system of checks and balances with the Mayor serving as the chief executive officer and the Board of Aldermen serving a legislative function. During his or her term, the Mayor may execute contracts on behalf of the Town pursuant to an ordinance, resolution, or other authorization by the Board of Aldermen. There is no express statutory authority for a member of the Board of Alderman to independently negotiate contracts on behalf of the Town.

The language of La. R.S. 33:4702(B)(2)(c) designating appointment authority for two members of the Board of Commissioners to the senator whose senatorial district is defined as District 2 is controlling, despite the fact that New Orleans Regional Business Park is no longer located within Senate District 2. Additionally, consistent with the statutory language regarding removal, the senator for District 2 also retains the power to remove any members subject to his appointment authority. Similarly, La. R.S. 33:4702(B)(2)(g), which designates appointment authority for one member of the Board to the representative whose representative district is defined as La. R.S. 24:35.5(A)(101), now La. R.S. 24:35.2(A)(101), is controlling, despite the fact that NORBP is no longer located in State Representative District 101. Consistent with the statutory language regarding removal, the representative for District 101 retains the power to remove any members subject to his appointment authority.

Section 3-2 of the Code of Ordinances for the Town of Vivian is a legal and valid ordinance. A prohibition on the sale of alcohol on Sundays can be accomplished via an ordinance, and does not require a referendum voted on by the residents of Vivian. Recalls La. Atty. Gen. Op. Nos. 09-0311, 02-0454, 96-72 and 95-359.

The Town of Rayville may, by ordinance, repeal Section 3-2 of the Code of Ordinances of the Town of Rayville so as to allow the sale of alcohol on Sundays. Further, the governing authority for the Town of Rayville, as opposed to the Police Jury of Richland Parish, has the authority to regulate the Sunday sale of alcohol within the municipal limits. Recalls La. Atty. Gen. Op. Nos. 09-0311, 02-0454, 96-72 and 95-359.

Under La. R.S. 47:342(7), which generally applies to all municipalities or parishes that impose an occupational license tax, the maximum occupational license tax amount of two thousand, two hundred dollars is a cap on the license tax to be paid by a real estate broker for each business location that such broker has in a municipality or parish.

A vehicle owned by a political subdivision may be exempt from the marking and identification requirements set forth in R.S. 49:121(A)(1) if the vehicle is used in crime prevention, detection, and/or similar investigative work, and labeling and marking it would inhibit the use of said vehicle for such purpose.

The
provisions in the Fire and Police Service Board’s Appeal Termination Letter,
establishing procedural regulations to conduct appellate hearings, are "rules"
which must be formallyadopted pursuant to provisions of the Fire and Police Civil
Service Law. Further, the Board is permitted
to give special consideration to self-represented appellees; however, the right
to equalprotection
requires that administrative rules affect all persons similarly situated alike.

The presumption of La. R.S. 33:2581 that heart and
lung diseases which develop during employment in the classified fire service
are caused by the employment is applicable to claims for survivor benefits under La. R.S. 33:1981
and is also applicable to claims for survivor benefits under La. R.S. 33:1981 made by a spouse and/or children of a fireman with five years or more service
who was no longer employed or was retired at the time of his death.

La. R.S. 33:2495; La. R.S.
33:2555 The term "entry level fireman” as
used in La. R.S. 33:2495 and La. R.S. 33:2555 means a fireman in
the lowest level of the classified fire service of the appointing
authority. An appointing authority is not required to obtain prior
permission of the local civil service board before an "entry level fireman”
who has served less than six months of his working test period can
be removed or rejected from the working test period and, if
removed or rejected, the fireman does not have a right to appeal to the
local civil service board.

As a classified position under the municipal fire and police civil service law, the Police Records Clerk is eligible to receive the supplemental monthly compensation mandated in La. R.S. 33:2218.2. However, just as for any other employee qualified to receive the extra compensation provided by the statute, the salary should be paid totally from municipal funds, the supplemental pay is paid out of state funds appropriated for that purpose upon warrant issued by the mayor, and the employee should be employed on a full-time basis.

La. R.S. 40:2531 requires the recording of any questioning of a police employee or law enforcement officer during a pre-disciplinary hearing conducted by the appointing authority. Such questioning, provided it arises out of the conduct which the police employee has been noticed is the subject of the hearing, would not constitute a new investigation under La. R.S. 40:2531. Lastly, municipal fire and police civil service boards have the same power and authority as a district court to subpoena witnesses and compel the production of books and papers pertinent to any authorized investigation or hearing

The provisions of La. R.S. 33:2181 (Fire Fighters’ Bill of Rights)
and La. R.S. 40:2531 (Law Enforcement Officers’ Bill of Rights) are applicable to the
municipal fire and police civil service board whenever it conducts investigations of fire
and police classified employees with a view to disciplinary action. The phrase "police
employees as defined by La. R.S. 40:1372(5),” as used in La. R.S. 40:2531, applies only
to police personnel employed by the Division of State Police in the Department of
Public Safety. The phrase "law enforcement officers employed by any municipality,” as used
in La. R.S. 40:2531, applies to all police employees, including the elected or
appointed head of a law enforcement department, who are authorized to make arrests,
perform searches and seizures, or execute criminal warrants, and who are responsible
for the prevention or detection of crime or for the enforcement of the penal, traffic,
or highway laws of this state.

The City of Baker's proposed emergency pay policy does not violate statutory provisions relative to overtime and holiday compensation for Police and Fire Department employees, but should include the language from La. R.S. 33:1966, which allows firemen, who are on continuous duty during emergencies, time off to go home for three meals daily.

The New Iberia Municipal Fire and Police Civil Service Board will remain a five member board despite the abolishment of the municipal police department. The governing body will not be able to make the appointment from the police department as set forth in La. R.S. 33:2476 (3); therefore, the position that can only be filled from the ranks of the police department will be vacant. Although the board will contain a vacancy, the definition of a quorum does not change.

The state municipal fire and police civil service law does not allow the local fire and police civil service board to make a provisional appointee's examination score retroactive to the date it could have been approved, where an employee is provisionally eligible for appointment.

The judge of the City
Court of Bastrop determines when employees of the Clerk of Court must report to
work, and the City Court Marshal determines when his personnel report to work,
subject to the order of the City Court. The judge and/or clerk of court may
close their offices due to inclement weather in emergency situations pursuant
to La. R.S. 1:55. The City of Bastrop may not infringe on the funding of the
City Court Clerk of Court or the Marshal’s office, regardless of holidays taken
by the court.

Section 2.12 of the Plan of
Government for the City and Parish of Baton Rouge only requires an ordinance
or resolution on select matters to be introduced at one meeting and
adopted at a subsequent meeting. Ordinances and resolutions which
do not seek to accomplish any of the matters specified in Section 2.12
may be introduced and adopted at the same meeting.

La. R.S. 33:404 La. R.S. 33:481 Pursuant to Section 4 of the
Charter, the fire chief, secretarytreasurer, administrative assistant, and the
director of revenue for the City of Abbeville are
appointed by the mayor, subject to approval and ratification by the
city council. The city council is the appointing authority for the fire
marshal and for officer positions created pursuant to Section 4(f)
of the Charter. The Charter is silent on the appointment of
municipal employees; therefore, pursuant to La. R.S. 33:404, the
mayor is responsible for appointing municipal employees in
accordance with La. R.S. 33:404.

Louisiana law does not provide a cable service provider an additional ten feet beyond its servitude and right-of-way onto private property for the construction, installation, or maintenance of cable and video services. However, cable service providers are an expropriating authority under Louisiana law, and therefore, have the option to either obtain consent from private land owners for additional footage or expropriate the additional footage for proper compensation.

The Board of Aldermen in a Lawrenson Act Municipality, and the Municipal Fire and Police Civil Service Board of a small municipality as set forth in La. R.S. 33:2531, et seq., do not have the authority to initiate or conduct an investigation of an elected Chief of Police.

La. R.S. 32:318 La. R.S. 3:2501 Once town owned equipment has been
properly designated for use by the police department,
neither the Mayor nor the Board of Aldermen can take the equipment
back absent the approval of the elected Chief of Police. The Town of Ball Zoning
Administrator / Animal Control Officer is not a law enforcement officer and
therefore may not operate or use a vehicle with blue lights.

Absent a formal policy, legal custom, or
practice, the City of Central is not required to compensate employees for
unused sick leave upon separation. However, pursuant to La. R.S. 23:631
employees are entitled to compensation for unused annual leave which must be
paid upon separation. A formal policy cannot be made retroactive or deny
employees any of the leave previously accrued.

The City of New Roads has the authority to create, maintain, and contract for its own waste collection and disposal. The Parish of Pointe Coupee does not have the authority to contract with a vendor to provide waste collection and disposal services for households in the City of New Roads without the authorization of the New Roads City Council and the signature of the Mayor of New Roads.

The Mayor may not veto the Board of Aldermen's motion to accept a timely submitted proposal for operation and maintenance of the Town's water system. The fact that the Board of Alderman's vote to accept a proposal was 3 in favor and 2 opposed is not a sufficient reason for the Mayor to refuse to sign a contract subsequently submitted to him for execution.

The Town of Coushatta's special legislative charter is silent as to the appointment process of the Town's Police Chief, Clerk, and Attorney. Therefore, La. R.S. 33:404(A)(3) controls this appointment process whereby the Mayor for the Town of Coushatta shall appoint the Town's Chief of Police, Clerk, and Attorney, subject to the Council's approval. In the event of a tie, the Mayor's recommendation shall prevail.

The Town of Jackson may define each day of non compliance of an ordinance as constituting separate offenses; however, the cumulative penalty the Town may impose to enforce an ordinance may not exceed a fine of $500.00 and imprisonment for 60 days under La. R.S. 33:362 (A)(2)(b).

An employee car allowance which is provided by the City on a regular monthly basis irrespective of the mileage actually incurred by an employee and which relates to the performance of public business constitutes compensation and not an expense reimbursement. Further, if the value of the car allowance given to certain employees of the City of Kenner is equal to or is the equivalent to the value of use of the vehicle that was previously provided the employee then such a policy change does not constitute a change in compensation that would require council approval as would otherwise be required by Section 2.13(F) of the Kenner Home Rule Charter.

The actions of the Mayor and the Council as to appointments on June 26, 2012, wereconsistent with the City of Baker’s Home Rule Charter, which authorizes the Mayor tomake appointments of City Attorney and City Treasurer subject to concurrence of theCouncil and the authority of the Council to make appointments of City Clerk and CityAuditor.

A mayor of a Lawrason Act municipality must abide by the Lawrason Act, the Local Government Budget Act and the Public Records Act. In clarification of La. Atty. Gen. Op. No. 11-0228, for enterprise funds to be spent by a Lawrason Act municipality the enterprise funds must be either approved and appropriated through their annual budget process or pursuant to La. R.S. 33:462.

A vacancy does not automatically occur when an alderman of a Lawrason Act municipality has a residence outside of the municipality. The board of aldermen does not have the authority to declare a vacancy in office. The Louisiana Election Code provides for a judicial process to declare a seat vacant. Recalls previous opinions, including but not limited to, La. Atty. Gen. Op. Nos. 10-0213, 09-0065, 92-262, 80-1171, 78-381, to the extent the opinions concluded the board of aldermen has the authority to declare a vacancy in office if the current elected official no longer meets the residency and domicile requirements of the office. (Day)

A vacancy does not automatically occur when an alderman of a Lawrason Act municipality has a residence outside of the municipality. The board of aldermen does not have the authority to declare a vacancy in office. The Louisiana Election Code provides for a judicial process to declare a seat vacant. Recalls previous opinions, including but not limited to, La. Atty. Gen. Op. Nos. 10-0213, 09-0065, 92-262, 80-1171, 78-381, to the extent that the opinions concluded the board of aldermen has the authority to declare a vacancy in office if the current elected official no longer meets the residency and domicile requirements of the office. (Day)

The board of aldermen in a Lawrason Act municipality may not usurp the power of the mayor throught the passage of an ordinance. The board does not have the authority to review processor modify their pay.

The City of Jeanerette operates under a Lawrason Act form of government. Accordingly, La. Atty. Gen. Op. 11-0258 is recalled to the extent the opinion concludes that the City operates under a special legislative charter.

Private canals are not navigable channels under the meaning of La.R.S. 56:332(G), which prohibits setting crab traps in "navigablechannels or entrances to streams.” Therefore, enforcement agents ofthe Louisiana Department of Wildlife and Fisheries do not have the authority or responsibility to enforce La. R.S. 56:332(G) in privatecanals. Canal owners may have a civil action against crabbers forrespass. Criminal trespass charges may also apply.

Louisiana law prohibits the blocking of navigable waterways and it disfavors the blocking of private waterways. The United States Coast Guard is responsible for ensuring the navigability of the waters of the United States.

A servitude agreement that allows for the construction of a levee roadway from privately-owned land to a privately-owned island is subject to the approval of the Reservoir District and if approved, subject to the District's statutory authority to prescribe the manner in which such a roadway may be built as well as other applicable Reservoir Rules and Regulations.

There is no state law requiring a member of a municipal
board of aldermen to attend meetings. However, failure to hold at least
one regular meeting each month with a quorum could be considered malfeasance in
office. (Wale) Op Honorable Bobby R. Sheppard, Sr., Mayor, Town of
Ridgecrest, Ridgecrest, LA Date Released: March 18, 2016

The term limitations
set forth in La. R.S. 42:3.2 for boards and commissions in the executive branch
of state government do not apply to members of the board of trustees for the
Municipal Police Employees' Retirement System.

The term limitations
set forth in La. R.S. 42:3.2 for boards and commissions in the executive branch
of state government do not apply to members of the board of trustees for the
Firefighters' Retirement System.

An elected Chief of Police has the legal authority to limit or restrict the general public from bringing audio/video recording devices into the police department, including the lobby or waiting areas. Under the First Amendment, however, the Chief should consider whether safety, security or privacy concerns warrant the contemplated restrictions on the public's right to gather information on government activities.

The town of Hessmer may not enact ordinances and policies which interfere with the inherent power and authority of an elected chief of police in a Lawrason Act municipality. Additionally, once the Mayor and Board of Aldermen have budgeted and appropriated funds for the police department, the authority to allocate the expenditure of the funds rests with the elected chief of police.

The appointment of an individual to fill a
vacancy in the elected position of chief of police does not change the position
from elective to appointive and does not change the duties, powers, or benefits
inherent in the elected position. The individual appointed to serve as the
Chief of Police for the town of Ball cannot be removed without legal or just
cause.

In the event of a vacancy in the office of mayor, there is no law
which prohibits the board of aldermen from appointing any person otherwise
qualified to hold that office regardless of kinship. The compensation for the
appointee must remain the same as that of the person elected to the office
during the remainder of that term

The Board of Aldermen of the City
of Opelousas may, by ordinance, prohibit the personal use of vehicles by the elected chief of police and his employees, but
the ordinance may not interfere with the chief's control of the vehicle for
official law enforcement purposes. Thus, the ordinance may not prohibit a police officer who
does not live within municipal limits from taking a department vehicle to and from
work when the chief has authorized such use for those officers who have "on call” status.

The annual budget of the Village of Dodson must include an operating budget for the Police Department. It is not permissible for the Board of Aldermen for the Village of Dodson to enact an ordinance that prohibits the elected Chief of Police or any of the certified police oficers, while on duty, from carrying a taser on any other electrical device on their person. The elected Chief of Police for the Village of Dodson is not required to inform the Mayor when he leaves town to attend mandatory police training.

Pursuant to La. R.S. 18:602, the governing authority of a village, and not the mayor, shall appoint an individual to fill a vacancy on the Board of Aldermen. The governing authority shall have twenty (20) days to fill the vacancy, the failure of which shall authorize the governor to make such an appointment.

It is permissible for the board of aldermen of a Lawrason Act municipality to pass an ordinance regulating the personal use of vehicles owned by the municipality; however, such an ordinance must not interfere with the inherent authority of the chief of police as set forth under the provisions of the Lawrason Act and must recognize that an officer who is "on call” and uses his police vehicle to travel to and from home is not using the vehicle for personal use.

A public officer shall be removed from office for conviction of felony during his term of office. Since an indictment is not a conviction, the public officer should not be suspended or placed on any leave unless and until there is a final adjudication of a conviction.

In a Lawrason Act municipality (R.S. 33:321, et seq.) with an elected Chief of Police, the Mayor and Board of Aldermen may not adopt an ordinance that interferes with the Chief of Police's day to day operations of his or her department. However, in such a municipality with an elected Chief of Police, the Mayor and Board of Aldermen do have decision making authority regarding the hiring and termination of police personnel. Pursuant to the Louisiana Local Government Budget Act, an elected Chief of Police must provide written notification to his or her municipal governing authority in the event his or her department exceeds its fiscal operating budget as delineated by R.S. 39:1311.

If the elected Chief of Police of a Lawrason Act municipality is incarcerated for conviction of a criminal misdemeanor, no vacancy is created under the election code. Therefore, the elected Chief of Police retains his official position with the City and

remains in charge of the City’s police department. However, if this official is unable to perform the duties with which he/she is charged by law, he/she may be subject to removal. Until the elected Chief of Police either resigns or is officially removed from office, he/she is legally entitled to continue receiving his/her salary. Finally, the decision to charge an individual with malfeasance of office rests with the District Attorney, who has broad discretion in both the institution and handling of criminal prosecutions.

One member of a licensing board composed of thirteen members meeting with the executive director and a member of the staff of such board does not constitute a "meeting” under the Open Meetings Law. Without additional facts indicating a board member’s inability to remain unbiased and impartial about a particular disciplinary matter, a board member receiving general information regarding admitted rule violations and proposed sanctions for consent agreements scheduled to be considered by the board at its next meeting would not require the board member to recuse herself from the vote to accept or reject the consent agreements as a resolution of the complaint, despite the fact such information was received by the board member prior to the rest of the board members.

The Calcasieu Parish Police Jury has the general authority to enact
zoning ordinances. The Police Jury may regulate architectural design,
landscaping, and aesthetic elements under its power to promote the general
welfare of the population, and it may divide the parish into districts of such
number, shape, and area as may allow it to best implement its zoning plans,
after taking into account the character of each district and its suitability
for particular uses.

The West Feliciana
Parish Tourist Commission is a political subdivision of the state, separate and
distinct from the parish. The West Feliciana Parish Council’s authority over
the commission is limited to appointment of members.

The St. Charles Parish Home Rule Charter does not
require that an ordinance previously reviewed and approved by the Planning
Commission but postponed indefinitely by the Parish Council come before the
Planning Commission again prior to the ordinance being reconsidered by the
Parish Council.

The Rapides Parish Library has likely created a public forum
by allowing groups to rent out meeting rooms. The Library Board may reasonably
restrict use of the meeting rooms, subject to state and federal law. The
Library Board may charge a reasonable fee for groups wishing to use the library
meeting rooms for political purposes.

A constable must attend the first training course available after he takes office and thereafter at least one training session every other year. If the constable fails to attend at least one training session every other year, he is in non-compliance with the law and is ineligible to receive state and parish supplemental pay. In order to have his state and parish supplemental pay restored, the constable must attend the next annual training course and receive a certificate of completion from the Louisiana Attorney General’s Office.

Louisiana Interpreter Law, R.S. 46:2364, et seq., requires that the appointing authority, or presiding officer of the court, appoint and pay for a qualified interpreter during those stages of a judicial proceeding in state court where a hearing impaired person is a party involved in direct communication with other hearing impaired persons or his/her legal representative. R.S. 46:2370 provides that interpreters are entitled to a reasonable fee for their services, which includes waiting time and travel time. When an interpreter is appointed pursuant to the Louisiana Interpreter Law, the Louisiana Commission for the Deaf may pay the interpreter’s fees set by the court. If the Louisiana Commission for the Deaf does not cover an interpreter’s fees, then the Judicial Expense Fund for the Seventh Judicial District would be another viable source of such payment.

Police juries have no
direct responsibility for any type of work within the corporate limits of a
municipality; however, the Allen Parish Police Jury and the City of Oakdale
have authority to enter into an intergovernmental agreement to repair or
maintain roads and ditches, cut the grass and install culverts within the city
limits.

The West Feliciana
Parish Tourist Commission is a political subdivision of the state, separate and
distinct from the parish. The West Feliciana Parish Council’s authority over
the commission is limited to appointment of members.

The provisions of the
Dual Officeholding and Dual Employment Law do not prohibit the Fire Chief for
the Palmetto Volunteer Fire Company from holding the part time positions of
police deputy and certified gas and water operator for the Village of Palmetto.

Ferguson Road,
situated partly in Concordia Parish, is a public road and is owned by the
Concordia Parish Police Jury. As such, the Concordia Parish Police Jury can
only abandon this road if it proves that it no longer serves a public purpose.
Such abandonment does not authorize the transfer of the road to a private
party

Ferguson Road, situated partly in Concordia Parish, is a
public road and is owned by the Concordia
Parish Police Jury. As such, the Concordia Parish Police
Jury can only abandon this road if it proves that it no longer serves a public
purpose. Such abandonment does not authorize the
transfer of the road to a private party.

There is a distinction between a voluntary and mandatory evacuation
order for purposes of evacuation assistance payments pursuant to the conditions
in Texas Brine’s permit application for the Napoleonville Dome. When an
evacuation is mandatory it is considered "required” and would authorize
assistance payments, whereas, when an evacuation is voluntary, it is not
"required,” and no such payments are authorized.

You have requested an opinion from this Office regarding whether a
distinction should be made between a "mandatory” evacuation versus a
"voluntary” evacuation as it relates to Texas Brine Company, LLC ("TBC”)
evacuation payments as ordered by the Department of Natural Resources, Office
of Conservation ("Conservation”) and referenced in TBC’s permit
application.

Powers & Functions 50 HIGHWAYS – Roads La. R.S. 33:3689.1, et seq. When two streets in a single
neighborhood are considered for acceptance into the Parish Road System, each street
should be treated as a separate project and each street’s total owners must
be considered separately for the purposes of determining whether the street
will be accepted into the Parish Road System. Should an objection be filed to the
proposed improvement by the property owners owning more than one-half of
the total front feet of the property abutting the single street at issue, the
police jury shall not order the construction of improvements on that particular
street.

While there is no "servitude of public view” of Lake Charles under Louisianalaw, the City does have the authority to regulate the construction of wharves,piers and boathouses on navigable lakes and rivers under the authorityprovided by La. Const. art. VI, § 4, La. Const. art. VI, § 17, and La. R.S.33:4721, et seq.

The manufacturing and installation of private street signs, by Rapides Parish, is nota prohibited donation under La. Const. art. VII, § 14, when the Parish is reimbursedfor all costs associated with said manufacturing and installation and the Parish alsoreceives the added benefits of improving emergency response operations andensuring uniformity of signage on parish roads.

La. R.S. 34:1803 created the Avoyelles Parish Port Commission as a political subdivision of the State to use and regulate its property in performing governmental functions; therefore, the Avoyelles Parish Police Jury's building regulations must yield to the Commission's power and function which emanate wholly from the State. Accordingly (provided that the Port of Avoyelles is a deep-water port), the Commission would be permitted to create its own permitting office and issue improvement permits to tenants at the Port.

Once a Parish maintains a road for more than three years with the knowledge of theprivate owner, that road is considered a public road and becomes a part of the parishroad system. The Parish may not abandon its maintenance of the road except asprovided by law and after a declaration that the road is no longer needed for publicpurposes.

Since the police jury has not changed the territorial boundaries of the road districts, the ad valorem tax proceeds associated with the road districts remain with the road districts that correspond with the previous police jury districts notwithstanding the recent reapportionment of police jury districts.

The Allen Parish Police Jury may pay six months of accumulated back salary to a councilman who had heretofore refused to take a salary only if the funds have not been spent on some other public purpose and if the Parish has sufficient funds in its general treasury, and if the claim is not otherwise subject to laches and/or prescription.

The Allen Parish Police Jury may pay six months of accumulated back salary to a councilman who had heretofore refused to take a salary only if the funds have not been spent on some other public purpose and if the Parish has sufficient funds in its general treasury, and if the claim is not otherwise subject to laches and/or prescription.

Town of Grand Isle is authorized to issue utilities permits requested by a less than all of the property owners of a property owned in indivision; however, the Applicant needs to demonstrate compliance with all parish regulations.

An individual who was
appointed a member of the Non-Flood Protection Asset Management Authority
during a recess of the legislature but not confirmed by the Senate during the
legislative session following his appointment may not be appointed to the same
office during any subsequent recess of the legislature, even if a vacancy
exists after a subsequent appointee to the office was confirmed by the Senate
and held the office before resigning.

A waterworks district created by the Red River
Parish Police Jury must be petitioned by sixty percent (60%) of the
Red River Parish residents or obtain approval by a majority vote of Parish
property owners before acquiring a water works system through a donation. A
non-profit corporation owning and operating a water works system must obtain
approval from the Louisiana Public Service Commission before it may donate the
water works system to a waterworks districts.

The Capital Area Transit System ("CATS”) has the
authority to operate throughout East Baton Rouge Parish. The CATS tax approved
by the voters in the City of Baton Rouge would automatically apply to the newly
annexed areas of the City of Baton Rouge without any need for an additional
election or vote in the newly annexed area and the proceeds from the CATS tax
may be utilized throughout the Parish.

The express language contained in La. R.S. 34:2308 exempts the Red River Waterway Commission ("RRWC”) from the regulatory/zoning authority of Natchitoches Parish and/or the Natchitoches Parish Planning Commission. Further, because the RRWC is an instrumentality of the State of Louisiana the Parish's general zoning authority must yield to the RRWC's power and function which emanate wholly from the State.

Provided that the Mayor was using his private tractor for authorized municipal purposes, the Village could be held liable for the damage associated with an accident caused by his negligence. This includes both the property damage to the Mayor’s tractor; and the injuries and property damage of a third party.

Pursuant to La. R.S. 33:4574(F)(1)(a) and (b)(i), the directors of the Lafourche Parish Tourist Commission shall consist of seven directors appointed by the governing authority of the parish from lists of nominees submitted to the governing authority by private, non-profit groups that have an interest in one or more aspects of the tourism industry. Any ordinance that is inconsistent with La. R.S. 33:4574(F)(1)(a) and (b)(i) would be invalid.

The DeSoto Parish Police Jury does not have the authority to meet in place of the Board of Commissioners of the DeSoto Parish Ambulance District and adopt a resolution implementing the budget of the district for the fiscal year 2016-2017.

Child care facilities, including quasi-governmental facilities, that meet the definition of a day care are subject to licensure requirement, regardless of whether they are operated by governmental, non-profit or for profit agencies.

(b) For the sole purpose of this Subsection, a quasi public
agency or body is defined as:

(i) An organization, either not-for-profit or for profit,
created by the state of Louisiana or any political subdivision or agency
thereof, any special district or authority, or unit of local government to
perform a public purpose.

(ii) An organization, either not-for-profit or for profit,
that is a component unit of a governmental reporting entity, as defined under
generally accepted accounting principles.

(iii) An organization, either not-for-profit or for profit,
created to perform a public purpose and having one or more of the following
characteristics:

(aa) The governing body is elected by the general public.

(bb) A majority of the governing body is appointed by or
authorized to be appointed by a governmental entity or individual governmental
official as a part of his official duties.

(cc) The entity is the recipient of the proceeds of an ad
valorem tax or general sales tax levied specifically for its operations.

(dd) The entity is able to directly issue debt, the interest
on which is exempt from federal taxation.

(ee) The entity can be dissolved unilaterally by a
governmental entity and its net assets assumed without compensation by that
governmental entity.

(iv) Any not-for-profit organization that receives or
expends any local or state assistance in any fiscal year. Assistance
shall include grants, loans, transfers of property, awards, and direct appropriations
of state or local public funds. Assistance shall not include guarantees,
membership dues, vendor contracts for goods and services related to
administrative support for a local or state assistance program, assistance to
private or parochial schools, assistance to private colleges and universities,
or benefits to individuals.

(v) Any organization, either not-for-profit or for profit,
which is subject to the open meetings law and derives a portion of its income
from payments received from any public agency or body.

The Louisiana Supreme Court has held that in order for an entity to be
considered public, the following
four factors must be considered: (1) whether the entity was created by the
legislature; (2) whether its powers were specifically defined by the
legislature; (3) whether the property of the entity belongs to the public; and
(4) whether the entity’s functions are exclusively of a public character and
performed solely for public benefit.2 Further, all four factors must be present
in order for a court to determine that an entity is public.3 GNOSF is not an
entity created by the legislature, and its powers are not specifically defined
by the legislature. If an entity fails to meet the criteria of even one factor,
it is not a public entity.

Jurisprudence has made it clear that the mere fact that an entity is a private
non-profit does not automatically result in a conclusion that it is not a
public body for purposes of the Open Meetings Law, nor does the fact that a
non-profit receives public money automatically result in a conclusion that the
entity is a public body for purposes of the
Open Meetings Law:
The legislative history surrounding the definition of the term "public body”
and the jurisprudence construing that term establish that the fact an entity is
set up as a private non-profit corporation is not dispositive of the question
of whether it is a public body for the purpose of the Open Meetings Law.
Moreover, the mere fact that an entity receives public
money does not make it a public body for the purpose of the Open Meetings Law.
Rather, there are a number of factors that must be considered in determining
whether an entity is subject to the Open Meetings Law. Four factors courts have
looked at in making this determination are: (1) whether the entity performs a
government function or performs a function which, by law, is entrusted to other
public bodies; (2) whether the entity is funded by public money; (3) whether
the entity
exercises policy-making, advisory, and administrative functions; and (4)
whether there is a connexity between the functions of the entity and the
functions of a particular "public body” identified in La. R.S. 42:13(A)(2).

The
Parish President of a home rule charter parish does not have the discretion to
forestall the expenditure of properly appropriated funds for
legislatively-directed ends aside from obligations to comply with public
bidding processes and any other legal requirements.

The North Louisiana Criminalistics Laboratory Commission may sell its surplus immovable property at public auction or private sale and retain the proceeds of the sale, as long as the property is sold at fair market value.

The Cane River
Waterway District may provide a portion of its property tax funds to
Natchitoches Parish for road repairs if the road repairs relate to the
maintenance and operation of the Cane River Waterway, the funds are not being
gratuitously provided to the Parish, and the District has a demonstrable,
objective and reasonable expectation of receiving equivalent value in exchange for
providing funds to the Parish.

The Ward Five Fire Protection District of Evangeline Parish is
legally authorized to contract with Evangeline Parish
Communications District to provide fire dispatch services to the Fire Protection District. The Ward Five Fire Protection District of
Evangeline Parish may use property tax proceeds to pay for fire dispatch services, if the
Fire Protection District determines that fire dispatch services are needed for operating its fire
protection facilities.

The Ward Five Fire Protection District of Evangeline Parish is
legally authorized to contract withEvangeline Parish
Communications District to provide fire dispatch services to the FireProtection
District. The Ward Five Fire Protection District of Evangeline Parish may useproperty
tax proceeds to pay for fire dispatch services, if the Fire Protection District
determinesthat fire dispatch services are needed for operating its fire
protection facilities.

The Town of Clayton may use sales and use tax proceeds to mow and maintain ditches on the sides of roads, if the Town determines that such activities provide incidental drainage as authorized by the tax proposition approved by the voters. However, the Town may not use the same sales and use tax proceeds to pay the costs of an audit as the tax proposition approved by the voters does not contemplate the use of the tax proceeds in such a manner.

The Village may not adjust a citizen’s sewer bill due to a
broken water pipe on the customer's side of the meter absent an error on the
part of the Village. To do so would violate La. Const. art. VII, sec. 14(A).

The Town of Mansura may use public funds to construct or
renovate a medical office building for the sole purpose of negotiating a long
term lease with a medical practitioner provided the Town has a reasonable
expectation of receiving a public benefit commensurate with the expenditure.
(Barient) Op to Honorable Kenneth Pickett, Mayor, Town of Mansura,
Mansura, LA Date Released: March 18, 2016

Under the plain language of La. R.S. 16:14, there is no
limitation, restriction, or ceiling placed on the additional salaries
paid to district attorneys or assistant district attorneys for the
Twentieth Judicial District. (Morris)

Whether Act 155 allows or provides for the Orleans Parish
Communications District (OPCD) Board of Commissioners to take over 911
operations. Whether the dedicated funding allows or provides for the OPCD Board
of Commissioners to pay for 911 operations. Whether the OPCD Board of
Commissioners may enter into the proposed cooperative endeavor agreement (CEA).
If so, will the change in roles and responsibilities and/or the proposed CEA
affect the liability of OPCD or the OPCD Board of Commissioners

The Carter Street No. 1 Economic Development District and
the Town of Vidalia may not spend public funds in order to engage in the
private enterprise of commercial real estate development, as such would be a
violation of the prohibition against the use of public funds for private
enterprise contained in La. Const. art. VII, § 14. Further, the District and
the Town may not expend public funds to acquire and improve immovable property
for sale or lease to private parties without objective evidence that economic
development or growth would result from the project or without agreements in
place with the private developers receiving the benefit of the use of public
funds, as such would result in a violation of La. Const. art. VI, § 23 and La.
Const. art. VII, § 14.

The Assumption Parish Clerk of Court is prohibited from
investing funds for the purchase of certificates of deposit ("CDs”) through a
financial investment firm, as the indirect purchase of CDs through an
investment firm is not contemplated or intended by La. R.S. 33:2955

Payment of a bonus to employees of the Marrero-Estelle
Volunteer Fire Co. No. 1 as part of a Safe Driving Program would not be an
appropriate use of the public funds received pursuant to its contract with the
Jefferson Parish Fire Protection District to provide fire protection services.
Safe driving is part of the ordinary, expected, and required duties of a
volunteer of the Marrero-Estelle Volunteer Fire Co. No. 1 and would not further
the economy or efficiency of any function related to fire protection

Pursuant to plain language of La. R.S. 38:2212(B)(2), the
City may not require potential bidders to complete either Document A305, or
Statement C-451 as part of the pre-bid materials. The City may, however,
include such forms as part of their bidding documents and include a requirement
and instruction to potential bidders that such forms would be required to be
completed and submitted by the apparent low bidder within ten days after the
date bids are opened.

The Assumption Parish
Clerk of Court is prohibited from investing funds for the purchase of
certificates of deposit ("CDs”) through a financial investment firm, as the
indirect purchase of CDs through an investment firm is not contemplated or
intended by La. R.S. 33:2955.

Payment of a bonus to
employees of the Marrero-Estelle Volunteer Fire Co. No. 1 as part of a Safe
Driving Program would not be an appropriate use of the public funds received
pursuant to its contract with the Jefferson Parish Fire Protection District to
provide fire protection services. Safe driving is part of the ordinary,
expected, and required duties of a volunteer of the Marrero-Estelle Volunteer
Fire Co. No. 1 and would not further the economy or efficiency of any function
related to fire protection.

La. R.S. 38:2212
Pursuant to plain language of La. R.S. 38:2212(B)(2), the City may not require
potential bidders to complete either Document A305, or Statement C-451 as part
of the pre-bid materials. The City may, however, include such forms as part of
their bidding documents and include a requirement and instruction to potential
bidders that such forms would be required to be completed and submitted by the
apparent low bidder within ten days after the date bids are opened.

Pursuant to La. R.S.
11:423, the City of Oakdale may not pay the interest accrued on the employee portion
of Louisiana State Employee’s Retirement System contributions of an employee
who was initially denied membership as the result of an administrative error.

Police juries have no direct responsibility for any type of
work within the corporate limits of a municipality; however, the Allen Parish
Police Jury and the City of Oakdale have authority to enter into an intergovernmental
agreement to repair or maintain roads and ditches, cut the grass and install
culverts within the city limits

In order for a particular property to be eligible for a use
value assessment pursuant to La. Const. art. VII, § 18, the property must meet
all of the requirements contained in La. R.S. 47:2302 and La. R.S. 47:2303.
Further, for any building on the property to qualify for an exemption from ad valorem
taxation pursuant to La. Const. art. VII, § 21, the building must constitute a
"farm structure,” as set forth in La. R.S. 47:1707, which includes any
building, house, barn, fence, and any other construction located on land
devoted to agricultural and cultivation purposes.

The Cameron Parish School Board may use excess settlement
proceeds to supplement the payment of general obligation bond debt as long as
the payment is not prohibited by the settlement agreement; however, the School
Board may not cease the levying and collection of ad valorem taxes sufficient
to pay debt service on the general obligation bonds under La. Const. art. VI, §
33.

The Cameron Parish School Board may not use ad valorem taxes
collected pursuant to a general obligation bond proposition to reimburse funds
that were previously used to pay debt service on the general obligation
bonds.

It would not be a
violation of La. Const. art. VII, § 14 for an employee to receive more hours
than was available in an agency crisis leave pool due to an administrative
error by the agency. The agency should recover the deficit hours through future
employee contributions.

La. R.S. 38:2261 authorizes, but does not require
instrumentalities of the state to procure goods and services from certified
organizations serving citizens with disabilities. La. R.S. 38:2261 only grants
a preference to certified organizations serving citizens with disabilities by
allowing a state agency, board, commission, etc. to contract directly with the
certified organization. A state agency may still choose to engage in the normal
and customary competitive bidding process when procuring goods and services.

Pursuant to La. R.S. 33:9020 et seq., the Greater Alexandria
Economic Development Authority, as a political subdivision of the State, may
create a non-profit cooperative economic development corporation to assist the
City of Alexandria in the renovation, restoration, and development of property
within the City.

The City of Opelousas
may not donate public funds to the Opelousas High School Band to defray the
costs of traveling to Washington D.C. for a performance, as such would
constitute donation of public funds prohibited by La.
Const. art. VII, § 14.

Proceeds of an ad valorem tax levied by a Fire
Protection District for the acquisition, construction, improvement, maintenance and/or operation of
fire protection facilities and equipment may not be used to fund a cooperative
endeavor agreement with other parish public entities which would provide parish wide
helicopter ambulance services. However, other non-dedicated and available funds of the
District may be used to fund such an agreement provided the District receives equivalent
value in return for its expenditure.

La. R.S. 28:826
contains no prohibition against the Community and Family Support System Fund
being used to pay deductibles for recipients of services provided by the
Capital Area Human Services District.

The City of Lake Charles is required to provide firefighting
services to the Lake Charles Harbor and Terminal District and the Chennault
International Airport Authority because such facilities are located within its
city limits.

The St. James Parish Police Jury may use the Road Lighting
Millage Tax proceeds contained in the Parish Road Lighting Fund for the purpose
of relocating utility poles that provide lighting and support for other light poles

Livingston Parish Sewer District No. 2 may reduce the impact
fees to be charged to a developer in order to compensate for the increased
costs of providing a larger infrastructure than necessary so long as the
District will receive a benefit of proportionate value in exchange for the
impact fee reduction.

St. Charles Parish
may invest funds held in trust pursuant to La. R.S. 33:5161 in any or all of
the types of investments set forth in La. R.S. 33:5162(A), subject to the
restrictions and limitations set forth in Subsection B and C thereof.

The Jackson Parish
Police Jury may not grant an exemption to a business from the payment of the Parish
sales and use tax related to the purchase of materials and supplies purchased
in connection with the construction of a hotel absent an exemption set forth in
the Uniform Local Sales Tax Code.

The French Quarter Economic Development District may levy
and collect additional sales taxes only if the sales tax increases are approved
by the voters within the district. The French Quarter Economic Development District
may only use proceeds of a sales tax in a manner consistent with the purposes
stated in the proposition approved by the voters of the district.

The Jeanerette City Marshal may enter into a cooperative endeavor
agreement with the City of Jeanerette to provide administrative and management
oversight services to the City’s police department as long as the Jeanerette
City Marshal is able to demonstrate that he will receive fair value for the services
rendered.

The Terrebonne Parish Consolidated Government, not the Terrebonne
Council on Aging, Inc., is the proper entity to collect, manage and administer
the proceeds of a property tax to be used for the purpose of acquiring,
constructing, operating and maintaining capital improvements to serve the
elderly and may use the proceeds to renovate the old Houma School building for
the purpose of providing apartments for seniors in Terrebonne Parish.

The I-20 Economic Development District ("District”) may enter into
a cooperative endeavor agreement to provide funds to Delta Community College to
assist in the construction of an Advanced Training Center to be located within
the District provided the District receives at least equivalent value in
exchange for its contribution.

Security provided in the courthouse is the responsibility of the
parish governing authority. However, the judges are authorized to implement rules
of decorum and conduct within their courtroom, including prohibiting the use of
cellular telephones

Taken as a whole, the water impact fee proposed by Ascension
Parish would be classified as a fee and not a tax. Pursuant to the Charter of
Ascension Parish, the Parish has the requisite authority to levy the proposed
water impact fee by ordinance.

Proceeds of a Parish sales tax proposition levied to
pay the "salaries, benefits, training, insurance, administration, maintenance and other costs associated with establishing a paid fire
department” may be used to fund the expanded operations of the proposed consolidated Fire Department, which would include
advanced emergency medical services.

The Capital Area Ground Water Conservation District
may establish a trust for the purpose of funding post-retirement health
benefits of its employees; however, funds contained in the trust may only be invested in accordance with the provisions La. R.S.
33:2955. Funds contained in a trust established by the Capital Area Ground
Water Conservation District are not subject to the control of the state
treasury, as the District is not a state agency, board, or commission.

Pursuant to the provisions of Mandeville City Charter
and the Local Government Budget Act the Mayor, as chief executive officer, must
execute the authorizations set forth in the city budget ordinance including the
expenditure of funds for specific line item appropriations. Neither the Mandeville City Charter nor the
Local Government Budget Act prohibits a conditional or contingent appropriation

If Ebarb Waterworks District No. 1 determines that it
may have liability or exposure as a result of supplying drinking water found to
contain the amoeba, Naegleria Fowleri, then it would have the authority to enter
into a transaction to make a payment to resolve such liability or exposure and,
in that event, the transaction would not be a prohibited gratuitous transfer
under La. Const. art. VII, Sec. 14

The Metropolitan Human Services District may not
purchase a membership in the local Chamber of Commerce, as such apurchase would
be a prohibited use of public funds in violation of La. Const. art. VII,
§ 14. The Metropolitan Human Services District may solicit and accept donations from
private entities or individuals.

The expansion by agreement of an
existing hospital service district to overlap the boundaries of another
district does not serve to automatically impose the existing tax of the
expanding district on the citizens of the overlapped district.

A majority of the qualified electors of
the overlapped district must either petition to be included into the
overlapping district, or otherwise approve the existing tax before it can be
levied. Expenditures of the tax revenue for health care operations outside of Franklin
Parish are permissible as long as they remain within the boundaries of the
District and are related to constructing, improving, equipping, operating and
maintaining hospital facilities

Pursuant to La. R.S. 41:1212(C), only
agricultural leases of sixteenth section lands in St. Martin Parish may be
leased without the need for public bid. Hunting leases for sixteenth section
land must follow the public bid process mandated by La. R.S. 17:87.8. All other
leases of such lands must follow the public bid process in La. R.S. 41:1211 et
seq. Further, all school boards seeking to lease sixteenth section lands for
any purposes other than hunting must first follow the procedures set forth in
La. R.S. 41:711 et seq

The Louisiana Department of Education
may, but is not required to, reimburse the State Superintendent of Education
for the legal expenses incurred by the Superintendent in defending himself in
proceedings by the Board of Ethics when the Board of Ethics has decided not to
pursue charges.

The Mayor of the City of Abbeville
("City”) has the authority to cancel a grass cutting contract pursuant to the
contract termination provision. A contract for grass cutting does not require
public bidding as the contract is for services and is not a public work or a
purchase of materials and supplies.

La. R.S. 38:2255 A contract
between the Vermillion Parish Sheriff’s Office and a private business for the
design and preparation of an informational report is a contract for services,
which is not subject to the bidding requirements of Louisiana’s Public Bid Law.
A contract between the Vermilion Parish Sheriff’s Office and a private business
for the printing of an informational report constitutes a printing contract
under La. R.S. 38:2255, which is subject to the Louisiana’s Public Bid Law
requirements found in La. R.S. 38:2212.1. However, if the contract is for an
amount less than $10,000 or the report qualifies as a specialized printing
under La. R.S. 38:2255, then the requirements of Louisiana’s Public Bid Law are
not applicable.

La. R.S. 33:4713 does not require
a police jury to pay the costs associated with a contract for services for
the maintenance and upkeep of computer software owned by the sheriff in
his capacity as ex-officio tax collector.

The Town of Delhi may use public
funds for additional water piping and meter relocation on private property, as
doing so would be necessary to complete the town’s water line replacement
project. Such expenditures would not violate Article 7, Section 14(A) of the
Louisiana Constitution.

La. Const. art. VII, Sec. 14 La. R.S. 33:9097.8 The Broadmoor Crime Prevention and
Improvement District is authorized to spend
its funds on expenses and costs associated with expanding
District boundaries subject to the District being able
to effectively demonstrate that it has a
reasonable expectation of receiving a benefit at least
equivalent to the amount expended.

Pursuant to La. R.S. 33:1236(2)(c)
the Jackson Parish Police Jury, upon request, is authorized
to spend public funds to repair a road owned by the Village of
Quitman. However, the Jackson Parish School Board is not so
authorized and may not enter into a cooperative endeavor agreement
with the Parish whereby each entity contributes funds for the
repair of the municipality owned road.

St. James Parish is authorized to
declare and sell immovable surplus property and should do so by passing an
ordinance following the procedure set forth in La. R.S. 33:4712. In selling
surplus immovable property, the Parish must ensure public notice of any such
sale and the Parish must receive fair value. The Parish may use the services of
a real estate agent to market surplus immovable property but must pay a
reasonable hourly rate for his/her professional services rather than
a commission out of the proceeds of the sale of public property.

Zachary City Police Department may allow its officers to use department ownedvehicles for private security details as long as the conditions setforth in La. R.S. 42:1123(15) are met. The Zachary City Marshal may place fees collected pursuant to La. R.S.13:5807 in a separate account for use only by the City Marshal.

The presence of non-parish prisoners in a parish jail does not affect the amount of money the parish owes the sheriff for the fixed costs of running the jail but may allow for a reduction or reimbursement of the variable costs owed by the parish.

A district attorney may use public funds to engage special counsel to represent an assistant district attorney who is the subject of a disciplinary complaint which, in the opinion of the district attorney, arises out of the performance of his job duties as an assistant district attorney. In addition, a district attorney may use public funds to secure an insurance policy that would provide coverage to pay such legal fees in the future.

Section 4-04(C) of the St. Landry Parish Charter grants the Council the sole authority to hire general and special counsel. The Parish President may only utilize special counsel appointed by the Council pursuant to the specific purpose and nature of the legal work outlined in the special counsel contract. Charter Section 5-06 cannot be used by the Parish President to usurp the authority granted to the Council by Charter Section 4-04.

La. Const. Art. VII, §14 La. Const. Art. VII, § 14(A) does not prohibit the City of New Orleans from offering supplemental payment to existing New Orleans Police Department officers and staff in exchange for them undertaking additional recruiting service duties, as long as the city has a reasonable expectation of receiving benefits of equal value in exchange for the payments.

Pursuant to La.Rev.Stat. 13:2488.56, all expenses related to the operation and maintenance of the Marksville City Court shall be apportioned equally between the City of Marksville and Avoyelles Parish.

Louisiana's Public Bid Law applies to the proposed dietary management services agreement, as the predominant component of the agreement calls for the purchase of materials and supplies. Accordingly, the contract must be competitively bid in accordance with La.Rev.Stat. 38:2212.1.

The Louisiana Assessors' Retirement Fund and the Louisiana Sheriffs' Pension and Relief Fund may grant cost of living adjustments for its members eligible to receive benefits under those systems without further legislative involvement.

Concordia Parish Recreation District No. 3
("District”) may transfer ownership of certain improvements made by the
District on property owned by the Concordia Parish School Board if the value of
the improvements is equivalent to the value the District has received from the
School Board from its past use of School Board property. Receiving less than
fair value for its surplus property would constitute a donation prohibited by
La. Const. art. VII, Sec. 14.

The Board of Trustees of the Municipal Police
Employees’ Retirement System is authorized by La.
R.S. 11:2225(A)(7)(c) to grant a one time cost of living adjustment to its
retirees, survivors, and beneficiaries but the Board is not authorized to grant this COLA to only a subset of its
eligible members.

The City of Westwego may expend public funds to
provide meals for its elderly citizens only if there is some type of objective
criteria, such as income level, used to establish those elderly citizens who
are truly needy. Failure to establish such objective criteria would be
tantamount to a prohibited donation of public funds under La. Const.art. VII, §
14(A).

Pursuant to La. R.S. 33:4720.87, the St. Charles
Parish Government has the authority to appropriate available funds for the
purpose of providing technical or financial assistance to the property owner
for the rehabilitation of blighted property. The Parish is also authorized to
enter into agreements with homeowners whose property has been legally declared
blighted whereby the Parish will provide a dumpster to the homeowner, but in
order to avoid violating La. Const. art. VII, Sec. 14(A), the agreement must
ensure that the homeowner covers the costs associated with the Parish providing
the dumpster, either by direct payment to the Parish or through the filing of a
lien against the homeowner’s property.

Public entities must make reasonable attempts to collect debts
owed to them as required by La. Const. art. VII, Sec. 14(A). Legal counsel
for the public entity is in the best position to determine and advise the entity on which debts
and what collection methods to pursue, taking into consideration the cost
of potential recovery and any possible defenses to collection.

The St. Tammany Parish Government ("Parish”) and the Council on Aging in St. Tammany Parish ("Coast”) should execute a Cooperative Endeavor Agreement ("CEA”), whereby the Parish would manage and administer the proceeds from an ad valorem tax levied and collected by the Parish and dedicated for the purposes of funding Coast. The Parish may also impose a reasonable charge for managing and administering the ad valorem tax proceeds.

The Tallulah City Council may adopt an ordinance establishing and regulating the prospective accrual and use of annual leave by the mayor and chief of police but may not fix the working schedule of the mayor, chief of police or clerk or require any of these officials to keep a time sheet, record the number of hours worked at the municipal hall.

A tax assessor has the legal authority to enter into an agreement
with a consultant, either by herself or alongside tax recipient bodies which
directly benefit from the agreement, wherein the consultant agrees to provide
information and data which will assist the assessor in adding personal property
to the tax rolls that should be subject to taxation and which is currently
going uncollected.

An exchange of public property between two public entities
isauthorized under the provisions of the Local Services Law,La.
R.S. 33:1324. When property is exchanged between twopublic entities,
those entities are not bound by the advertisingand bidding requirements
set forth in La. R.S. 33:4712 but theterms of the transfer or exchange
must comply with themandates of La. Const. art. VII, Sec. 14.

The ordinance adopting the budget for Livingston
Parish was not adopted in accordance with the Livingston Parish Charter and is
not a valid ordinance. As such, the corresponding budget is not a valid, legal
budget. Pursuant to Section 5-02 (B) of the Livingston Parish Charter, the
budget proposed by the president shall be considered adopted.

State Bond Commission approval is not required
for Ascension Parish to enter into leases and/or lease purchase agreements for
movable equipment when such agreements contain a non-appropriation clause and
do not contain an anti-substitution on clause

The board
of aldermen of the Village of Folsom may pass an ordinance which
regulates the use of Village-owned vehicles. Further, if the board of aldermen
believes that a public official has committed a crime, the board should
refer any facts and evidence in its possession to the local district attorney.
If, on the other hand, the suspected violation could possibly be the
subject of a civil suit or a report to an oversight agency, such as the state
Ethics Board and/or Legislative Auditor, then the Village should refer such
facts and evidence to the appropriate agency. Finally, if the board believes
restitution is owed to the Village, it should take reasonable steps to
recover all money owed to it.

St.
Tammany Fire District No. 8 District may not use its funds to purchase
fireworks for New Year and July 4th holiday celebrations because
doing so falls outside of the purpose for which the District was created.
However, the District may participate in the celebrations by providing
fire protection services at these events as its purpose is to do whatever
is necessary and proper for the protection of property within the limits
of the district against fire.

The Louisiana Housing Authority has no authority to voluntarily
refund fees paid in conjunction with the submission of an application under the
Qualified Allocation Plan ("QAP”) where the QAP expressly provided that such fees were
non-refundable.

Subject to any limitations in tax or service charge propositions, theConcordia Parish Communications District may spend public fundsfor the purchase of communications equipment which will enable lawenforcement and public safety agencies to decrease response timeand improve effectiveness when responding to emergency calls.However, the District must be able to demonstrate that thecommunications equipment purchased and issued to local law enforcement agencies would result in a benefit to the District in anamount equivalent to the funds the District spends on the equipment.

The City of Ponchatoula must follow La. R.S. 33:4712 when leasing surplusimmovable property and must receive equal value under the terms of suchlease. City may also allow the use of its property pursuant to a cooperativeendeavor agreement authorized by La. Const. art. VII, Sec. 14(C). Any inkind contribution credit granted to non-profits under a lease or authorized cooperative endeavor agreement must only be granted when the City is ableto demonstrate that it will receive an actual, quantifiable benefit from eachactivity for which it intends to award in kind contribution credit and that theamount of the in kind contribution credit granted is commensurate with thebenefit received by the City.

The clerk and deputy clerks of the Winnsboro City Court are employees of the Court, not the City of Winnsboro. The Court and City may enter into a cooperative endeavor agreement allowing employees of the two entities to donate and use "serious illness leave time” into either leave pool as long as both entities are able to demonstrate that the agreement provides each entity with a reasonable expectation of receiving equivalent value for any funds spent.

When procuring data processing and telecommunications equipment,the Orleans Parish Criminal District Court may use either the invitation to bid process authorized by La.Rev.Stat. 38:2212.1, the request for proposal process authorized by La.Rev.Stat. 38:2234 et seq., or the Court may purchase the equipment directly from the state contract vendor as authorized by La.Rev.Stat. 39:1702.

Costs related to construction within or about the designated geographical area of an economic development district may be included in determining the costs of an economic development project under Louisiana's Cooperative Economic Development Law.

Pursuant to the restrictions of La. Const. Art. VII, Sec. 14(A), public entities cannot inter privately-owned animals on private property at no cost to the owner. In the event of a declaration of emergency, such interments may be authorized, as required by the factual circumstances of the particular emergency.

The policy adopted by St. Landry Fire District No. 3 which allows any employee who resigns, retires, or is terminated to receive vacation time for the part of the calendar year worked in which the separation from service occurs on a pro-rata basis, with the exception that vacation leave cannot be awarded on a pro-rata basis during the first year of employment, is consistent with La. R.S. 33:1996

The Iberville Parish Waterworks District No. 3 may not refund payments that a customer alleges were erroneously charged by the Water District unless the alleged error was, in fact, the fault of the Water District.

The City of Rayne may use prisoners to perform manual labor on property owned by the parish school board or parochial schools, provided that the property qualifies under the provisions of La. R.S. 15:708, and the prisoners work on a voluntary basis. However, the City may not allow churches and other non-profit organizations to use City facilities free of charge.

The Village of South Mansfield has the discretion to allow short-term limited uses of a publicly owned building provided it obtains in return a value or benefit that is commensurate or equal with the use.

Pursuant to La. R.S. 33:4169.1(A)(3), the City may only extend to a total twenty-five year term the portion of the contract which governs services for disposal of garbage or trash. Services relating to collecting and transportation of garbage or trash are limited to a ten year maximum contract term. The term of the current contract must be included with the contract extension term when calculating the total contract term.

The Louisiana Public Bid Law is not applicable to the Lower Mississippi River Port Wide Strategic Security Council in procuring a contract for legal, accounting, management, or other professional services.

St. Charles Parish may provide dumpsters to homeowners as part of its blighted property program as set forth in the St. Charles Parish Code of Ordinances Sections 16-49 & 51 but the Parish must ensure that it secures payment or reimbursement from the private landowner for all costs associated with providing the dumpsters either through a lien or a repayment agreement.

The Livingston parish council is the entity that must determine whether public funds may be spent to provide a legal defense to two councilmen who have not been sued in their individual capacities but claim otherwise. If the Council determines that the councilmembers performed the alleged action in their official capacities, and the Parish may be legally liable for the acts of these public officials, then the Parish may provide an attorney to represent them in the manner set forth in the Parish Home Rule Charter. If not, then the Parish may, but is not required to reimburse necessary and reasonable legal expenses after the lawsuit has concluded and resulted in a judgment of no liability for the councilmen and/or a finding that the councilmen's statements were made in the course and the scope of their official duties.

For accounting purposes only, the Village may write off a debt in order to ensure that only the appropriate assets and liabilities are reflected in the Village's financials, provided the Village has exercised reasonable means to recover the debt, subject to future collection efforts as deemed reasonable and necessary.

Livingston Parish is authorized by La. R.S. 33:5151(A) and its home rule charter to pay health insurance premiums for its council members. Nevertheless, the payment of these premiums constitutes "compensation” that must be included when determining whether the council members are being paid a rate that is higher than that authorized by the home rule charter.

State law does not authorize Jefferson Parish to directly pay the employee contributions due to the Parochial Employees' Retirement System of Louisiana. However, the Parish is not prohibited from increasing an employee's salary in an amount that is equal to the employee's retirement contribution.

Town of Erath may enter into a cooperative endeavor agreement with a nonprofit organization for the purpose of providing maintenance services, provided that the Town has a reasonable expectation to receive at least equivalent value.

The Franklin Parish Hospital Service District #1 may sell its accounts receivable if such accounts are determined by the District to be "uncollectible”. Such accounts should be sold to the highest bidder after giving public notice and subject to the District receiving payment commensurate with their value. the District is not prohibited from selling the accounts in bulk should the District determine this method of sale would generate the most interest and value.

In connection with an agreement to donate or exchange, the Plaquemines Parish Courthouse District may not transfer a particular tract of immovable property to a limited partnership. The agreement was subject to the suspensive condition that voters approve moving the parish seat to either of the two sites referenced in the agreement, and that condition was not fulfilled.

The civil service commission created pursuant to La. R.S. 33:2531, et seq. to oversee the Eastbank Consolidated Fire Department of Jefferson Parish has the rulemaking authority to determine pay and entitlement to overtime compensation for the employees it oversees subject to meeting the minimum standards set forth in the Fair Labor Standards Act.

The Evangeline Parish Police Jury cannot donate $15,000 to the Evangeline-Ville Platte Recreation District; however the two political subdivisions may enter into a cooperative endeavor agreementto construct, acquire, or improve "recreational and educational facilities, such as playgrounds, recreation centers, parks and libraries.”

The Louisiana Public Bid Law provides that all statutory requirements, advertisement requirements, and bid form requirements must be observed. Here, because the presumptive low bidder failed to comply with a bid requirement, the City of Kenner must reject the nonresponsive bid.

Since the governing authority of the Village of Bienville has not adopted a general fund budget, under the Louisiana Local Government Budget Act, the Mayor has no authority to incur general fund liabilities or authorize expenditures during the fiscal year beyond that authorized by La. R.S. 39:1312 or La. R.S. 39:1314.

When a local public official is named individually in a civil lawsuit based on conduct or actions he took in the course and scope of his position, the local public entity may choose to use public funds to fund the litigation. Whether the actions alleged in the civil suit occurred in the course and scope of the public official carrying out his official duties is a factual determination that must be made by the local entity.

La. R.S. 33:4712 authorizes the City of Bogalusa to lease public property to a private entity when such property is no longer needed for a public purpose. However, the property that the City wishes to lease is subject to restrictive covenants which must be amended in order to allow a charter school to lease property in the industrial park.

Pursuant to La. Const. Art. VI, Sec. 21 and La. R.S. 33:4712.2, the Port of New Orleans has the legal authority to enter into an agreement with a private business for industrial inducement purposes and that such agreement would constitute a public purpose the Port is authorized to pursue. The governing Board of the Port must evaluate the proposed terms of the agreement to determine whether the potential risks and rewards support a reasonable expectation of the receipt of value equivalent to the value of the public assets to be transferred.

The term "expenditures,” as used in La. R.S. 17:1518(F), La. R.S. 17:1518.1(F), and La. R.S. 17:1519.3(C), encompasses all expenditures "for the facility” or "of any hospital,” as applicable, rather than just those allocated from the state's general fund. Also, the term "healthcare services” as used in those statutes means the providing of accommodation and activities required by the public of, pertaining to, or involved in the field concerned with the maintenance or restoration of the Health of the body or mind.

La. Rev. Stat. 38:2212(A)(2)(g) authorizes the Orleans Parish Hospital Service District to utilize a construction manager in connection with the initial construction of a hospital, medical facility, or a combination of both.

Under the Louisiana Local Government Budget Act, the governing authority may amend the chief executive or administrative officer's proposed budget prior to voting to adopt or reject that budget. However, the governing authority may not amend a line item in the chief executive or administrative officer's proposed budget to intentionally provide less than a full fiscal year of funding for a line item in the budget.

The contract of The Cooperative Purchasing Network, a national cooperative purchasing organization, is not a contract that was competitively bid by another local political subdivision as required by La. Rev. Stat. 33:1321-1337. As such, the piggy back alternative is not available.

Article VII, Section 14(a) of the Louisiana Constitution prohibits the donation of funds of the State of Louisiana or any of its political subdivisions to any person, private or public. To compensate central office employees of Iberville Parish School Board when they are absent without leave for non-work, amounts to a prohibited donation of public funds in violation of La. Const. art. VII, § 14 (1974).

The Constable of the City Court of Baton Rouge has the authority to release and stop payments for a garnishment once the Constable’s garnishment software, which has been approved by the Court, indicates the writ has been satisfied. The Constable should only collect the amount set forth in the judgment. If the creditor’s attorney believes he is entitled to additional sums of money or that he has not been paid in accordance with the garnishment judgment, he must bring those issues before the court which issued the garnishment judgment.

La. R.S. 2:135.1 only authorizes non-carrier airport leases to be extended beyond ten years without public bidding in the event that the lessee makes $60,000 worth of improvements to the leased space and those improvements become the property of the lessor. If the physical structure is not conducive to an additional $60,000 worth of repairs, the municipality is barred from extending the lease for an additional period. The City may accept an appraisal to determine the value that should be assigned to improvements already made.

The City of Tallulah has the authority pursuant to La. R.S. 13:5109(C) to settle and compromise legitimate claims brought against it. In order to determine the proper sum to effect a settlement or compromise, the City, in consultation with its attorney, must evaluate the validity of the claim, the scope of the City’s potential liability, and the potential costs and risks associated with the claim.

A hospital service district cannot provide centrifuge use or supplies to independent third-party contractors free of cost. The transfers proposed by the hospital service district appear to be wholly gratuitous, and there is no indication that the hospital service district would receive equivalent value. Accordingly, the centrifuge usage and property transfers proposed by Franklin Parish Hospital Service District No. 1 would violate La. Const. art. VII, Sec. 14.

Provided the City is confident that the value of the proposed economic impact is commensurate with the consideration received in exchange for the proposed transfer, then the proposed lease-purchase agreement would not be prohibited by La. Const. art. VII, § 14.

The Village of Turkey Creek may not use public funds to pay connection fees for utilitiesfor the exclusive benefit of private property owners. The Village of Turkey Creek mayperform the work to connect residents to the Village-owned water system, but mustpass along the connection costs to the private landowner.

If the Cullen Police Department is able to effectively demonstrate that it has areasonable expectation of receiving a benefit at least equivalent to the amountexpended, we believe the proposed expenditure to host a National Night Out AgainstCrime is permissible.

Mayor of a Lawrason Act municipality must abide by the Lawrason Act, the Local Government Budget Act and the Public Records Act. In clarification of La. Atty. Gen. Op. No. 11-0228, for enterprise funds to be spent by a Lawrason Act municipality the enterprise funds must be either approved and appropriated through their annual budget process or pursuant to La. R.S. 33:462.

The Rapides Parish Police Jury has the legal authority to grant a franchise and correspondingly impose a franchise fee upon any business located within the parish pursuant to the provisions of La. Rev. Stat. 33:4361 and La. Rev. Stat. 33:4510. This authority to grant a franchise and impose a franchise fee would extend to any business located within the Parish, including a business that is regulated by the Louisiana Public Service Commission. The Rapides Parish Police Jury must determine and ensure that the benefit it receives in connection with allowing businesses to have access to its rights of way and property is commensurate with the public funds and/or resources it expends.

Assessors should continue to assess property in the name of the owner found in the public records. When the public records contain two separate deeds to one parcel, each in favor of a different vendee, the assessor should assess the property in the name of each vendee found in the public records.

The proposed contract between the Office of Group Benefits ("OGB”) and Blue Cross and Blue Shield of Louisiana, which is to be executed in accordance with and pursuant to the Notice of Intent to Contract ("NIC”) for Administrative Services Only ("ASO”), is a contract negotiated pursuant to the provisions of La. Rev. Stat. 42:802. As such, the contract is subject to review and final approval by the appropriate standing committees of the legislature having jurisdiction over review of agency rules by the Office of Group Benefits as designated by La. Rev. Stat. 49:968(B)(21)(c), or the subcommittees on oversight of such standing committees, and the office of contractual review of the division of administration.

Parties to a contract may amend the contract by mutual consent. The effective date of the amendment is a question of fact that can be determined from the representations of the parties, corroborating circumstances, and other competent parol evidence.

HANI Non-Profit Housing, Inc. is a quasi-public entity pursuant to La. R.S. 24:513(A)(1)(b)(i) despite the fact that it does not receive any public funds. The receipt or expenditure of public funds is not necessary to be considered a quasi-public entity under La. R.S. 24:513. To the extent La. Atty. Gen. Op. No. 11-0189 conflicts with this conclusion, it is recalled.

When a public official is acting beyond the course and scope of his duties he is not entitled to have public funds used to pay the legal fees for the defense of civil or criminal actions brought against him. The fact that the caption to a lawsuit states that a public official is sued in his individual and official capacity is not proof sufficient that the conduct complained of occurred outside or beyond the course and scope of his public

duties. The determination of whether the actions the local public official or employee are being defended against are actions taken in the course of carrying out the official duties of the public office is a factual determination that must be made on a case by case basis.

Village may not allow a private water company to use, rent, or otherwise lease a publicly owned building without the Village receiving fair market value in return. In the event the Village wishes to enter into a long-term agreement then it must follow the provisions of La. Rev. Stat. 33:4712.

Livingston Parish may, but is not required to, use public funds to reimburse attorney’s fees incurred by the former Livingston Parish President defending himself in a civil suit provided the Livingston Parish Council determines that the actions giving rise to the lawsuit took place in the course and scope of the official’s public duties. The Council may only reimburse legal expenses to the extent it determines the legal fees to be reasonable and necessary.

A mayor of a Lawrason Act municipality must abide by the Lawrason Act, the Local Government Budget Act and the Public Records Act. In clarification of La. Atty. Gen. Op. No. 11-0228, for enterprise funds to be spent by a Lawrason Act municipality the enterprise funds must be either approved and appropriated through their annual budget process or pursuant to La. R.S. 33:462.

The City of Bogalusa may not provide water and sewer services to the Bogalusa Housing Authority free of charge as the same would be tantamount to a prohibited donation of public funds and/or resources prohibited by Article VII, Section 14 of the Louisiana Constitution.

A new employee of the 19th JDC who has 19 years of service in the Louisiana School Employees' Retirement System ("LSERS”) may elect to remain a contributing member of that retirement system in lieu of joining the Louisiana State Employees' Retirement System as long as he files a written notice of election to remain in LSERS with the LSERS board of trustees within thirty days of his employment with the 19th JDC.

In light of the facts presented, the presumptive low bidder's failure to provide a unit price for a single quantity item does not render their bid non-responsive. The pay items at issue do not involve items with multiple quantities. Therefore, the requirement to provide a unit price for such items would be inapplicable. (Vallan)

Terrebonne Parish may not use public funds to install or maintain street lights along private streets or roads, or in subdivisions of any sort where streets or roads have not been properly dedicated and accepted for public use as doing so would violate La. Const. art. VII, Sec. 14(A).

To the extent the City of Leesville paid insurance premiums and accumulated vacation and sick leave in violation of its Personnel Policies and Procedures Manual, it made a gratuitous donation in violation of La. Const. art. VII, Sec. 14(A). The City must take appropriate action to collect these overpayments from the payees. (Huxen)

The Slidell Civil Service Commission is not a legal entity capable of being sued. Further, allowing a contractor to calculate his commission based on the original bid price, not the actual value of the work performed, would be a violation of La. Const. art. VII § 14. Additionally, the City of Slidell does not violate La. Const. art. VII § 14 by maintaining a detention pond on private property since that detention pond is considered part of the City's infrastructure drainage system. (Thornhill)

The Public Bid Law is not applicable to a public works projects under $150,000. However, by choosing to bid out the project, Town became bound by the requirements set forth in the bid document and should award the contract to the bidder whose bid is responsive and most advantageous to the Town.

In kind contributions are things of value and as such, may be taken into consideration by school board when performing an Article VII, Section 14 analysis as to whether and to what extent the contributions may offset debt owed to school board.

Hospital Service District Number 2 of St. Mary Parish may enter into a cooperative endeavor agreement with private physicians’ clinics and private businesses to contribute public funds for construction of a pedestrian crossing over a public roadway which would connect a publicly owned hospital to privately owned physicians’ offices and businesses located across the street.

Under Louisiana Law the Regional Transit Authority of New Orleans may not require a business to certify along with the bid; proposal or offer that it meets the definition of a "small business” as doing so constitutes a prequalification that is not statutorily authorized. The exclusion of small business set-asides for construction projects found in La. R.S. 39:1733(A) is not applicable to political subdivisions of the state.

Tangipahoa Parish Communications District Number 1 ("District”) has the legal authority to purchase portable radios. Further, although bearing the same name, a completely private non-profit corporation should have no connection with or control over the District.

Tangipahoa Parish Communications District Number 1 ("District") has the legal authority to purchase portable radios. Further, although bearing the same name, a completely private non-profit corporation should have no connection with or control over the District.

School boards must comply with the requirements of both La. R.S. 39:1305(C)(2)(a) and (b). (see law below, emphasis added)

39§1305. Budget preparation

A. Each political subdivision shall cause to be prepared a comprehensive budget presenting a complete financial plan for each fiscal year for the general fund and each special revenue fund.

B. The chief executive or administrative officer of the political subdivision or, in the absence of such positions, the equivalent thereof shall prepare the proposed budget.

C. The budget document setting forth the proposed financial plan for the general fund and each special revenue fund shall include the following:

(1) A budget message signed by the budget preparer which shall include a summary description of the proposed financial plan, policies, and objectives, assumptions, budgetary basis, and a discussion of the most important features.

(2)(a) A statement for the general fund and each special revenue fund showing the estimated fund balances at the beginning of the year; estimates of all receipts and revenues to be received; revenues itemized by source; recommended expenditures itemized by agency, department, function, and character; other financing sources and uses by source and use; and the estimated fund balance at the end of the fiscal year. Such statements shall also include a clearly presented side-by-side detailed comparison of such information for the current year, including the fund balances at the beginning of the year, year-to-date actual receipts and revenues received and estimates of all receipts and revenues to be received the remainder of the year; estimated and actual revenues itemized by source; year-to-date actual expenditures and estimates of all expenditures to be made the remainder of the year itemized by agency, department, function, and character; other financing sources and uses by source and use, both year-to-date actual and estimates for the remainder of the year; the year-to-date actual and estimated fund balances as of the end of the fiscal year; and the percentage change for each item of information.

(b) School boards shall itemize revenues and expenditures in accordance with guidance provided by the state Department of Education.

(c) If, upon the request of the governing authority, the political subdivision fails to submit its budget document showing the information concerning revenue sources as mandated by this Subsection, the governing authority shall not appropriate any general funds to such political subdivision.

D. A budget proposed for consideration by the governing authority shall be accompanied by a proposed budget adoption instrument. The budget adoption instrument for independently elected parish offices shall consist of a letter from the independently elected official authorizing the implementation of the adopted budget. The budget adoption instrument for any municipality, parish, school board, or special district shall be an appropriation ordinance, adoption resolution, or other legal instrument necessary to adopt and implement the budget document. The adoption instrument shall define the authority of the chief executive and administrative officers of the political subdivision to make changes within various budget classifications without approval by the governing authority, as well as those powers reserved solely to the governing authority.

E. The total of proposed expenditures shall not exceed the total of estimated funds available for the ensuing fiscal year.

Absent a policy or procedure providing
otherwise, the president of a police jury has the authority to set the final
agenda for a meeting of the police jury and may adjust or remove proposed
agenda items. If an individual police juror wishes to add an item to the agenda
at the time of the meeting, he or she may move to amend the agenda pursuant to
La. R.S. 42:19.

Generally, a committee agenda item
described as "discuss other matters properly brought before this
committee” is insufficient to provide public notice of "other matters”
which might be decided by the committee. However, it is permissible for a
committee of a public body to have such an agenda item to receive facts
presented and promote discussion of future topics for deliberation or
action by the Council

It is improper for members of a public body to use electronic devices during a public meeting for the express purpose of gathering votes from fellow council members on a matter in which the public body is actively deliberating and voting. Such action would circumvent the application of the Open Meetings Law and therefore violates La. R.S. 42:14(B).

The Board of Commissioners governing Terrebonne Parish Fire Protection District #10 may, but is not required to, transmit a meeting electronically to permit a member and any member of the public who is unable to attend to observe the meeting. Should the Board decide to permit this, the Board should adopt a policy governing the transmittal of meetings. A board member who accesses and views a meeting remotely may not be counted as present for purposes of a quorum, may not participate in general discussion of agenda items and may not vote. Further, a board member viewing the meeting remotely should not collect a per diem.

La. Const. Art. XII, §3 La. R.S. 42:12 et seq. A member who polls a majority of
the members of a public body on a matter which may later be
considered by the public body as a whole may violate the Open Meetings Law
if the poll is used to circumvent the purpose and intent of the Open
Meetings Law.

The Board of Commissioners governing Terrebonne
Parish Fire Protection District #10 may, but is not required to, transmit a
meeting electronically to permit a member and any member of the public who is
unable to attend to observe the meeting. Should the Board decide to permit
this, the Board should adopt a policy governing the transmittal of meetings. A
board member who accesses and views a meeting remotely may not be counted as
present for purposes of a quorum, may not participate in general discussion of agenda
items and may not vote. Further, a board member viewing the meeting remotely
should not collect a per diem.

The mayor of a Lawrason Act municipality has the authority to control which items appear on the agenda for a meeting of the municipality.This authority may be delegated to a municipal officer or employee as the mayor deems necessary and advisable. The public comment period at a meeting of a public body must occur at the beginning of the meeting, prior to action on an agenda item upon which a vote is to be taken.

The Jefferson Parish Council, as the governing authority of the Parish's hospital service districts, may discuss marketing strategies and strategic plans, as defined by the Enhanced Ability to Compete Act, in executive session.

Evangeline Parish, operating under Robert's Rules of Order, must appoint the PublicWorks Director by a majority vote. In the event of a tie vote on the decision to appointthe Public Works Director by the Evangeline Parish Police Jury, absent any proceduralrules governing such a situation, the Police Jury should continue voting as many timesas is necessary to obtain a majority vote. (Boyce)

The mayor of a Lawrason Act community may not refuse to hold a special meeting which has been called for by a majority of the board of aldermen. A mayor of a Lawrason Act municipality who fails to perform a ministerial duty required of him or her by law could subject himself to a mandamus action instituted by the board of aldermen.

La. R.S. 34:2472(A) and the bylaws of the Port of South Louisiana Commission clearly require the approval of a majority of all members for any action or resolution of the Commission. As the Commission consists of seven members, a majority of the Commission is four members. Therefore, any action or resolution of the Commission must be approved by the affirmative vote of no less than four members.

If the assessment
rolls are maintained by the assessor in a manner which permits a copy to be
easily made onto a disc, he or she must provide an electronic copy of the
records in response to a public records request, but may assess a reasonable
fee to the requestor in doing so. An individual can make a public records
request to the sheriff or clerk of court for public information delivered to
either by the assessor.

The dates and times that law
enforcement personnel cross the Greater New Orleans Expressway’s Causeway toll
bridge are protected from disclosure under the Public Records Law pursuant to
La. R.S. 44:4(30)

Addresses various questions which have
arisen in the City of Mandeville upon receipt of a public records request for
documents created or received by elected officials and a member of an advisory
board on privately owned electronic devices.

La. R.S. 37:2701 et seq.; La. R.S.
44:1 et seq; 42 U.S.C. § 12132 et seq. In light of the formal record
retention policy of the Louisiana State Board of Social Work Examiners
(Board), the Board has an obligation to retain a former Impaired
Professional Program (IPP) participant’s file permanently.
Documents contained within a former IPP participant’s file may be
exempt from disclosure pursuant to La. R.S. 44:4(26) of the Public
Records Act. Further, preservation of a former IPP participant’s file does
not, in and of itself, violate the American Disability Act.

In general, materials submitted by candidates who wish
to be considered for employment with Lycée Français de la Nouvelle-Orléans, a
public charter school, are public records subject to inspection under the
Public Records Act. The names of the individuals awarded public position are
likewise subject to public inspection. Other items at issue related to the
evaluation of candidates considered for public employment may be subject to a
constitutionally protected privacy interest.

Digital map and data requested by private companies
with apparent intent to use information for marketing and profit are
public records and should be made available to requestors. The custodian
may charge a reasonable fee for a copy of the records

The Louisiana State Board of Dentistry has an obligation to retain records which have been properly expunged pursuant to La. R.S. 37:776(D). Further, it is the opinion of this office that La. R.S. 37:776(D) may be harmonized in light of La. R.S. 44:4(11) in that the record of disciplinary action of a first-time advertising offense is available for public inspection for a limited duration, but will no longer be subject to public inspection should the record be properly expunged. However, the record could, once again, become subject to public inspection should subsequent disciplinary action be taken by the Board.

The accident reports referenced in La. R.S. 32:398 are not public records subject toinspection under the Public Records Act. However, La. R.S. 32:398 provides thatreports may be accessed by individuals as specified in Section (K). It is likely that ahealthcare provider who provided medical services to an individual who was involved inan accident could provide sufficient information to the custodian such that his requestqualifies as a request for a "particular report.”

A mayor of a Lawrason Act municipality must abide by the Lawrason Act, the Local Government Budget Act and the Public Records Act. In clarification of La. Atty. Gen. Op. No. 11-0228, for enterprise funds to be spent by a Lawrason Act municipality the enterprise funds must be either approved and appropriated through their annual budget process or pursuant to La. R.S. 33:462.

Road
districts created pursuant to La. R.S. 48:571-596 may be abolished by the St.Landry
Parish Council in accordance with the provisions set forth in La. R.S.
48:577.However, road and public works districts created by the Louisiana
Legislature are political subdivisions of the state and may only be abolished
by the Louisiana Legislature.

The amount set as the regular rate of pay for employees cannot be set at a different rate of pay when the employees are conducting overtime election related duties. The regular rate of pay can include supplemental pay if the supplemental pay is regularly paid, and it is not considered a bonus, commission or special pay. Overtime compensation accrued by employees working during early voting periods should be used when calculating earnable compensation for purposes of ROVERS because the duties associated with early voting are performed as part of the employees’ mandated duties, and ROVERS defines earnable compensation as the full rate of compensation that would be payable to the member if he worked the full working time.

The term limitations
set forth in La. R.S. 42:3.2 for boards and commissions in the executive branch
of state government do not apply to members of the board of trustees for the
Municipal Police Employees' Retirement System.

The Avoyelles Parish Police Jury may not divest
itself of a publicly owned bridge that has not been dedicated to the public. The
Police Jury should continue to expend public funds to maintain a bridge when
such work will further the interests of the parish or parish road system. The
Police Jury may abandon a dedicated bridge by a formal act of revocation or
clear and established proof of intent by the Police Jury to abandon only when
there is no finding that the Police Jury’s determination was arbitrary or capricious.

The Louisiana School for Math, Science, and the Arts may spend monies collected from deposit fees of its students, including any accrued interest, for the purpose of replacing or repairing its facilities, equipment, or other property

Addresses the requirement that the governing authority of each public elementary and secondary school adopt a policy authorizing a school nurse or trained school employee to administer auto-injectable epinephrine to a student under certain circumstances whether or not the student has a epinephrine prescription.

Administration, Government and Officers. Addresses the requirement that the governing authority of each public elementary and secondary school adopt a policy authorizing a school nurse or trained school employee to administer auto-injectable epinephrine to a student under certain circumstances whether or not the student has a epinephrine prescription.

Public
safety demands relating to new and expanded industrial and commercial developments,
which the Sheriff determines cannot be adequately addressed with current
personnel, constitute a public emergency pursuant to La. R.S. 14:139.1(C). As such,
the Sheriff of Cameron Parish is authorized to retain additional staff and/or officers
to address the public safety issues notwithstanding the hiring limitations set forth
in La. R.S. 14:139.1(A).

A sheriff must transport Physician’s Emergency Certificate (PEC) patients between treatment facilities upon request within their jurisdiction but are not responsible for the cost of the transportation. Emergency Medical Treatment and Active Labor Act (EMTALA) liability does not apply to those conducting patient transportation on a PEC; but only applies to hospitals and their staff. Peace officers are afforded immunity for their role in the emergency certificate procedures under the Mental Health Law.

Public
safety demands relating to a town's decision to drastically reduce its police department,
which the Sheriff determines cannot be adequately addressed with current personnel,
constitute a public emergency pursuant to La. R.S. 14:139.1(C). As such, the Sheriff
of Catahoula Parish is authorized to retain additional staff and/or officers to address
the public safety issues notwithstanding the hiring limitations set forth in
La. R.S.
14:139.1(A).

The Parish Sheriff, as the administrator andkeeper of the parish jail and chief lawenforcement officer of the parish, determines thesufficiency and acceptability of immovableproperty that is offered as security to support abail bond in his jurisdiction.

Absent a personnel policy or other rule prohibiting such act, aleave of absence from employment as deputy sheriff neednot be taken while running for political office as long as theindividual fulfills his job duties and does not use official timefor election activities.

Compensation of any deputy marshals employed by the Marshal’s Office of the City of Bogalusa (Marshal’s Office) may be paid by either the city, or the parish, or both. The salary of the Bogalusa City Marshal is computed by totaling any amount paid by the City of Bogalusa and/or Washington Parish pursuant to La. R.S. 13:1883 as well as any payments made by the City and/or Parish for health insurance premiums or related benefits. The Marshal’s Office may provide benefits to the City Marshal and its employees in the form of health care insurance provided that all provisions of La. R.S. 33:5151 are satisfied.

A member of the Board of Commissioners governing St. Tammany Parish Hospital Service District No. 2, established by Act 180 of 1984, as amended, who has served three consecutive terms is not eligible for reappointment to the board for a position with a term beginning immediately subsequent to the end of his third term. A commissioner who has served three consecutive terms is eligible for reappointment after a break in service with the Board of Commissioners.

If property subject to the Special
Assessment Level under La. Const. art. VII, § 18(G) is transferred
by means other than a sale, then the Special Assessment Level should be
removed on January 1 of the following tax year.

An extension of the duration for which the tax is authorized to be levied does not constitute a tax increase. As such, the Lafourche Parish Charter does not require that an ordinance that rededicates and extends the duration of a certain ad valorem tax be enacted only when voted upon favorably by at least a two-thirds (2/3) majority (6) of the voting members of the Council. Also, under the proposition in question, the rededication would only affect ad valorem taxes levied in 2014. Finally, it was permissible for the Lafourche Parish Council to approve an ordinance to levy the library millage at 3.80 mills in 2013 and then subsequently approve the ordinance mentioned above to hold extension and partial rededication election.

A notice that appears on a page of the newspaper that mainlycontains notice of court actions not published at the direction of governmental officials and is not located on the same page as the classified advertisement or public notice section complies with theprovisions of La. R.S. 47:1705(B)(2)(c)(iii)(aa).

If a tax recipient body adopts a resolution by which it attempts to increase millage rates in excess of that required by La. Const. art. VII, §23(B) but not in excess of the prior year’s authorized millage rate and such resolution fails to set forth and designate the adjusted millage rate, then the tax recipient body must publish, by July fifteenth and on two separate days no less than thirty days before the public hearing, notice of the subsequent public hearing to amend or correct the previous resolution.

Ad valorem tax proceeds dedicated "for the purpose of maintaining and operating the Cameron Parish Courthouse and Jail,” may not be used to maintain and operate buildings other than those that house the court and jail.

Sales and use taxes are not due or collectable on either the sale of a storm shutter device by a wholesale supplier or manufacturer to a retail dealer for resale of such device to an end user or the sale or installation of a storm shutter device by a retail dealer to or for an end user.

A special tax passed by the voters of the City of New Iberia on November 21, 2002, the proceeds of which shall be used "after paying the reasonable and necessary expenses of administering the Tax, [is] to be dedicated and expended solely for the purpose of increasing and supplementing the salaries and benefits of firemen” may be used to pay for health and hospitalization insurance and worker's compensation insurance for firemen, to provide uniforms for firefighters, and may be used to pay administrative expenses directly associated with administering the fund. These tax proceeds may not be used to fund training and seminar expenses, or for litigation expenses and attorney's fees to defend the integrity of the fund as these expenses do not fall within the commonly accepted definition of a "benefit.”

Article VII, Section 14 of the Louisiana Constitution of 1974 requires the East Feliciana Parish School Board to pursue collection of unpaid and disputed taxes unless the School Board determines that the benefit or value of recovery would be less than the costs that would be expended pursuing collection of the taxes.

In order to be exempt from ad valorem taxation under La. Const. art. VII, §21(C)(11), agricultural machinery and other implements must be used upon agricultural lands owned or leased by the person claiming the exemption (i.e. the owner of the agricultural machinery and other implements) and meet the other requirements of La. R.S. 47:1705.

Under La. R.S. 33:1236(21)(a)(i) and La. R.S. 47:2128, an ordinance is sufficient to enforce the collection of liens for grass cutting charges at ad valorem tax sales. Such liens must be sold within the time period provided for in La. R.S. 47:2131 and can be enforced even against a property owner who, due to the homestead exemption, otherwise owes no ad valorem taxes. Assuming the lien is recorded within sixty days from the date of completion of the cutting or removal, it is first in rank and concurrent with the liens listed in La. R.S. 9:4821. Once recorded, the lien and privilege prescribes in ten years from the date of recordation unless a notice of reinscription is timely filed by the parish governing authority in the manner prescribed for reinscription of mortgages. Finally, under La. R.S. 47:2160, if the grass cutting charges are not included in the bid price for the property, the property remains subject to the lien.

A tax recipient body may not, under La. R.S. 47:1705(B)(2)(c)(i)(aa), deduct estimated costs of collection from the estimate of the amount of tax revenues to be collected or the amount of tax revenue for the current year. Nevertheless, under La. R.S. 47:1705(B)(2)(c)(i)(aa), when calculating the estimate of the amount of tax revenues to be collected, unless a tax recipient body historically collects one hundred percent of its ad valorem taxes in same year as levied, it must deduct a reasonable amount, based on historical data, of estimated uncollectable ad valorem taxes from the amount shown to be collectable by the tax rolls. Also, under the facts presented, the publication of the notice of the meeting to increase millages is deemed to be in accordance with the publication requirements provided in La. R.S. 47:1705(B)(2)(c)(ii)(bb).

The tax authorities in East Feliciana Parish may exempt, from sales and use taxes, sales of services described in La. R.S. 47:301(14)(g)(i)(bb) by having a valid ordinance providing for such exemption in place at the time the sales of such services occur.

For occupational license tax purposes, the term "business” could include an individual who rents out residential real estate, depending on the nature and purpose of the rental activity. Additionally, under La. R.S. 47:360, a parish may grant such occupational license tax exemptions or deductions as it deems necessary.

Under La. R.S. 47:342(7), which generally applies to all municipalities or parishes that impose an occupational license tax, the maximum occupational licnese tax amount of two thousand, two hundred dollars is a cap on the license tax to be paid by a real estate broker for each business location that such broker has in a municipality or parish.

The Plaquemines Parish Government has the authority to impose an occupational license tax on any person conducting any business within the territorial jurisdiction of the Plaquemines Parish Government. This authority would extend to both branch and independent insurance agents or brokers.

If it is determined
that, in previous years, a homestead exemption was improperly claimed or
otherwise erroneously attributed to property that was not eligible for the
homestead exemption, back taxes for up to three previous years must be
collected, in accordance La. R.S. 47:1966.

A bona fide homestead under La. Const. art. VII, § 20(A)(1) is not eligible for the homestead exemption if an LLC owns such homestead subject to a usufruct in favor of a natural person who owned the homestead immediately prior to the granting of such usufruct, qualified for the homestead exemption before the transfer, and continues to occupy the residence on the homestead.

The assessor must deny the La. Const. art. VII, § 21(B)(1)(a)(i) ad valorem tax exemption to a nonprofit corporation unless and until the nonprofit corporation establishes that it is organized and operated for purposes that alleviate the burdens of government.

It is permissible for the East Feliciana School Board to use tax proceeds dedicated, in part, to pay for employees’ salaries and benefits in order to pay for health insurance premiums and the employer’s share of retirement contributions.

Provided that the Mayor was using his private tractor for authorized municipal purposes, the Village could be held liable for the damage associated with an accident caused by his negligence. This includes both the property damage to the Mayor’s tractor; and the injuries and property damage of a third party.

If a tax-exempt nonprofit corporation acquired immovable property after January 1, 2011 and sold it during the same year, such property would not be exempt from parish ad valorem taxes unless it had been determined to be non-taxable on January 1 of such year.

Based on the facts and information
presented, the Board of Supervisors for the Concordia Parish Sewer
District #1 acted in accordance with its statutorily delegated authority in
increasing sewer service charges.

Bayou Des Allemands is a State-claimed sovereign, navigable
waterway. Pursuant to law, a public entity may fund the salvage of sunken
vessels from navigable or nonnavigable waters in Louisiana. Whether such
salvage actions constitute prohibited donations is a factual matter that must
be determined based upon the benefits to the public for the abatement of
environmental, health, and navigability hazards posed by wrecks. Whether a
Parish council member's participation in the consideration of such a matter due
to a potential person interest in its outcome is a question of governmental
ethics to be properly presented to the Louisiana Ethics Administration.
(Seidemann). Op to Honorable V.J. St. Pierre, Jr., Parish President, St.
Charles Parish, Hahnville, LA

The Concordia Parish Waterworks
District ("District”) may establish a policy governing who may apply for
water service and under what conditions that person may receive
water service. The person who actually contracts with the
District to receive water service is ultimately and exclusively responsible for all
charges related to such service.

Director of the Office of Workers' Compensation has the authority to make a final decision on conflicts of interest involving the medical director or associate medical director and the parties to a medical necessity dispute.

An RV park with a boat ramp is a "related facility” under La. R.S. 34:2308, and therefore the RRWC has the authority to develop and construct a recreational facility despite the fact that the general stated object and purpose of the Red River Waterway Commission is to establish, operate and maintain a navigable waterway system.

The Lafayette Marshal’s Office is not a department, office or agency of the Lafayette City-Parish, nor are the Marshal’s employees City-Parish employees. The City-Parish attorney is not required to represent them in any legal proceedings. The City-Parish is not required to provide motor vehicles or worker’s compensation for the Marshal’s Office. The City-Parish is required to pay for the maintenance and operation of the Marshal’s Office and its motor vehicles.

The Louisiana Labor and Workers’ Compensation Law, R.S. 23:1021, et seq., La. law does not allow the State Fire Marshal to limit workers’ compensation coverage to volunteer firefighters who earn less that an annual limit of $600.00.